부당이득금
1. The defendant shall be the plaintiff.
(a) KRW 4,827,00, as well as 5% per annum from February 21, 2014 to September 3, 2015;
1. The following facts can be acknowledged in full view of Gap evidence 1 to 4, Eul evidence 1 to 9, the records and images of this Court's on-site verification results, the purport of the whole pleadings as a result of the survey and appraisal by the Korea Cadastral Survey Corporation.
On November 26, 1964, C, the mother of the Plaintiff, acquired D 357.4 square meters (hereinafter referred to as "D land"; hereinafter referred to as "Seoul Northern-gu E land or road, it is displayed only by the lot number when displaying the land or road located in Gangnam-gu, Seoul) and constructed a single-story building on the ground around December 2, 1964. On January 20, 1975, C, along with the Plaintiff, constructed a building on the above ground above the 1st floor above the 1st floor (hereinafter referred to as "the building of this case").
B. However, at the time of the construction of the instant building, roads leading to D were not located outside the F-road. It was planned to construct a road between the Gangwon-gu Office and the instant building, as well as the construction of a road between the Gangwon-gu Office and the building of this case was planned, which eventually led to a situation in which D land was located in the part of the f road and the f-gu office.
C. Meanwhile, as seen earlier, the construction of a space that facilitates traffic flow and ensure drivers’ view by completely building a part of the bordering between India and the road at a crossing point. The Plaintiff and C also obtained the construction permit from the Defendant with the content that buildings are not constructed on the instant land among D land where two roads crossing to construct the instant building in order to construct the instant building.
After that, the land of this case was divided into D land on March 23, 1983.
E. However, around February 20, 1984, the boundary of the instant building and the instant land was indicated by the river rock, and the instant land packed by the sidewalk block is used as delivery for the users and the general public of the instant building without indicating the boundary of other land.