beta
(영문) 서울중앙지방법원 2018.09.12 2017가단5240192

부당이득금

Text

1. The defendant

(a) KRW 15,048,200 and interest rate of KRW 15% per annum from March 29, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer as the receipt No. 11429 on May 13, 1989 with respect to the land of this case, Seopo-si, Seopo-si, Seopo-si, Jeju District Court, Seopo-si, Seopo-si, Seopo-si.

B. On February 27, 1939, the land category of the instant case was changed from “the previous road” to “road,” and on December 22, 1982, the Defendant occupied and managed the instant land by the urban planning road.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Occurrence of liability for return of unjust gains;

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to return unjust enrichment from the possession and use of the land of this case to the plaintiff, barring special circumstances, since the defendant gains profit by incorporating the land of this case into the road and occupying and using it, and thereby, caused damage to the plaintiff, who is the owner.

B. As to the Defendant’s assertion of prescriptive acquisition, the Defendant’s assertion of prescriptive acquisition 1) obtained prescription from February 27, 1939 by occupying the instant land in peace and public performance for at least 20 years as owner’s intent, and thus, cannot accept the Plaintiff’s claim.

B) (1) In the event the statute of limitations has expired, the possessor acquires the right to claim the transfer registration of ownership against the owner at the time of the completion of the statute of limitations (Supreme Court Decision 2008Da71858 Decided December 24, 2009). The right to claim the transfer registration of ownership on the ground of the completion of the statute of limitations for the possession of real estate is an obligatory claim (Supreme Court Decision 95Da24241 Decided December 5, 1995). (2) As alleged by the Defendant, even if the Defendant occupied the instant land from around February 27, 1939 and the statute of limitations has expired on February 27, 1959, the Defendant only acquired the right to claim the transfer registration of ownership against the owner at the time of the expiration of the statute of limitations.

However, the acquisition by prescription by the plaintiff has been completed.