부당이득금 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 1, 1973, Nonparty B acquired ownership of 508 square meters and D 313 square meters (hereinafter “each of the instant real property”), and filed a lawsuit with the Daegu District Court on August 16, 2002 against the Defendant to return unjust enrichment due to the use of each of the instant real property, and the judgment became final and conclusive by rendering a judgment on August 16, 2002, the appellate court, “Defendant (Seoul Metropolitan City Dong-gu)” to the Plaintiff (B) with respect to each of the instant real property from January 1, 2001 to the time when the Plaintiff lost ownership or the Defendant transferred the ownership to the Plaintiff.
B. On April 6, 2010, the Plaintiff completed the registration of ownership transfer on each of the instant real estate under the Daegu District Court’s receipt number No. 14315, May 6, 2010.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. Since ten years have passed since the decision to pay unjust enrichment on each of the instant real estate asserted by the Plaintiff was rendered, it is sufficiently anticipated that the rent for each of the instant real estate has increased, the Defendant asserts that the Plaintiff should pay to the Plaintiff the amount of unjust enrichment equivalent to the royalty for the instant land, such as the purport of the claim.
B. Subsequent to a final and conclusive judgment ordering the payment of periodic payments pursuant to Article 252 of the Civil Procedure Act, a lawsuit seeking change in the judgment of periodic payments pursuant to Article 252 of the said Act may be instituted when a special circumstance arose that greatly infringes on equity between the parties.
However, according to the result of appraiser E's appraisal of rent, the sum of monthly rent in the case where each of the instant real estate is used as a road is only 307,880 won.
The plaintiff is a non-use site for each real estate of this case, and the Land Compensation Act.