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(영문) 광주지방법원 2015.06.12 2014나54676

부당이득금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) Division of the pertinent land: 1,933 square meters prior to the Seoul Northern-gu F (hereinafter “instant land”).

(2) On October 17, 1980, the land category was changed to 601 square meters on the same day, 152 square meters prior to G, 166 square meters prior to H, 170 square meters prior to J, 177 square meters prior to K, 172 square meters prior to L, M, 177 square meters prior to N, 158 square meters prior to N, and 601 square meters prior toO. The land category was changed to 601 square meters prior to G-gu, Seoul Special Metropolitan City. (2) On December 16, 2004, the O road 601 square meters prior to O road was divided into 532 square meters prior to K road and 69 square meters prior to P road.

B. As to the instant land, Plaintiffs A, B, C, and Q, and R completed the registration of ownership transfer as to Q’s shares on the ground of the co-owned property partition on October 17, 1980 by the receipt of the registration office of the Gwangju District Court on November 6, 1980. (2) Plaintiff D completed the registration of ownership transfer as to Q’s shares on January 30, 1997, as the receipt of the registration office of the Gwangju District Court on January 30, 1997, as the receipt of the registration office of the Gwangju District Court on January 10, 1997.

3) On July 8, 2005, Plaintiff E completed the registration of transfer of R’s share due to inheritance due to the consultation and division on June 9, 2002 by the Gwangju District Court’s receipt of the registration office of the Gwangju District Court on July 8, 2005. (c) The current status of the use of the instant land is being used as a road as shown in the current annexed drawing, as in the present annexed drawing. [Grounds for recognition] There is no dispute, and the entries and shapes of Gap’s 1 through 3, 6, Eul’s 3, 5, and 8 (including each serial number, and the purport of the entire pleadings.

2. The parties' assertion

A. The plaintiffs' assertion that the land category of this case was changed from the site to the road around 1980, and the road was constructed on that ground, set a cement packing and speed prevention threshold, etc., and is actually occupied and used as a road for the general public traffic until now.

The Defendant gains a profit equivalent to the rent by occupying and using the instant land as a road without any title, and the Plaintiffs suffered a loss equivalent to the same amount during the period of owning the instant land, and thus, the Defendant did so to the Plaintiffs.