부당이득반환청구 등
1. The Defendant (Counterclaim Plaintiff) joints with the Plaintiff (Counterclaim Defendant) and each of them against the Plaintiff (Counterclaim Defendant), KRW 10,301,096, Plaintiff (Counterclaim Defendant) B and C.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. The Plaintiffs are co-owners of 2613m2, Seo-gu, Incheon Metropolitan City (hereinafter “instant land”). The details of the Plaintiffs’ co-ownership share acquisition are as follows.
Plaintiff
A: Plaintiff B and C who has completed the registration of transfer of shares on April 4, 2011: (a) Plaintiff D who has completed the registration of transfer of shares on April 166/8396, respectively: (b) a registration of transfer of shares on April 4, 2011; (c) a registration of transfer of shares on June 24, 2005; and (d) an additional registration of transfer of shares on April 4, 2012/8396 (at present, 3404/8396).
B. The Defendants are co-owners of the area of 2732 square meters in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant land”) adjacent to the instant land, and the details of the Defendants’ co-ownership share acquisition are as follows.
Defendants: Defendant F, for whom a transfer registration of shares has been made on February 21, 2006 in duplicate on one-half of each of them: May 29, 2017 (at present, sole ownership of Defendant F).
C. The Plaintiff’s father I (hereinafter “the deceased”) purchased the instant land on March 11, 1983, and thereafter constructed a stable on the instant land and run a farm on May 1, 1994, and thereafter remodeled it to a factory and leased it to another person. As the deceased died on September 1, 2005, the Defendants inherited the instant land No. 2. However, the deceased and the Defendants, as their inheritors, occupied by installing containers, access roads, etc. in part of the instant land No. 1, and using them as the open-copter.
When calculating the area of the land possessed by the Defendants among the land No. 1 of this case (hereinafter “instant land”) on a yearly basis based on the current status of obstacles, etc. taken in aviation images, the details thereof are as follows:
(In accordance with air image, the area of possession, such as the site of obstacles, access roads, and the legal aspects supporting containers, are also included in the area of possession. However, these are essential parts for use as open straws, etc., it is reasonable to include the area occupied by the Defendants. < Amended by Presidential Decree No. 20219, Jul. 2, 2007>