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(영문) 의정부지방법원 2019.02.01 2017가단26119

부당이득금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff purchased each real estate listed in the list of real estate annexed to E on April 12, 2017 (hereinafter “instant land”) from E and completed the registration of ownership transfer on May 10, 2017. The Selected F is specified only on the index of Y and H (hereinafter “the index”) and the Appointed land, J land, the Appointed land, the Appointed M is N, the Appointed Co., Ltd., the Selected P land, the Defendant (Appointed), and the Defendant Co., Ltd. are used as a road to contribute to the entry of the instant land as the owner of the instant land (see the separate sheet). The facts that there is no dispute between the parties, or that the Selected F is recognized by comprehensively taking account of the overall purport of pleadings as stated in the evidence Nos. 1 and 4 (including a serial number).

According to the above facts of recognition, Defendant (Appointed), Appointed, and Defendant C Co., Ltd. (hereinafter collectively referred to as “Defendants”), by occupying and using the instant land as a road, obtain profits equivalent to the profits from such use and thereby inflict damages equivalent to the same amount on the Plaintiff, the owner of the instant land. Therefore, barring any special circumstance, the Defendants are obliged to return the amount equivalent to the profits from use to the Plaintiff as unjust enrichment.

2. The Defendants asserted that the Plaintiff renounced the exclusive and exclusive right to use and benefit from the instant land.

Since it is reasonable to deem that the original owner of the land provided part of the land as a site for a road without compensation and waiver of the exclusive right to use and benefit therefrom, and accordingly the residents have passed the land without compensation, and then the person who specifically succeeded the ownership of the land through auction, sale, payment in substitutes, etc., to allow the circumstance that there is a burden of restricting such use and benefit, or that he acquired the ownership of the land with knowledge that there is at least such circumstance.