부당이득금
1. The part against the Defendants in the judgment of the first instance is revoked, and all of the Plaintiff’s claims against the Defendants are dismissed.
2.
1. Basic facts
A. H is the original owner of Seongdong-gu Seoul, Seongdong-gu, Hobbebbebbes, E, 65 square meters, and divided the above land into E large 19 square meters, G large 24 square meters, 21 square meters, and D large 21 square meters, and 21 square meters.
Since then, E major 19 square meters, Hobbe, 19 square meters (hereinafter “E land”) was combined with I land and J land, and Seongdong-gu Seoul Metropolitan Government E large 118.7 square meters (hereinafter “E land”), G major 24 square meters, but G major 24 square meters, was combined with K and became 96.9 square meters (hereinafter “instant land”) in Seongdong-gu Seoul Metropolitan Government, and D major 21 square meters and 4 square meters (hereinafter “D land”) were combined with D major 82.3 square meters in Seongdong-gu Seoul Metropolitan Government (hereinafter “D land”).
B. H newly constructed three houses on the instant land, E, and D, respectively, and obtained approval for use on April 5, 1972 with respect to the instant land (hereinafter “instant building”), and obtained approval for use on the D’s land (hereinafter “D’s building”) and on the E’s land (hereinafter “E’s building”) on September 15, 1971 and September 4, 1973, respectively. < Amended by Act No. 2593, Sep. 15, 1971; Act No. 2593, Sep. 4, 1973>
C. The details of changes in ownership of the instant land and buildings, D land and buildings, E land and buildings are as listed below:
List Owner (Registration Date) of this case’s land and building’s HN (No. 19, 1972) P (No. 3, 1973) P (No. 2000. 22, 200) Plaintiff (No. 25, 2003. 24, 2003) “approval for use on April 5, 1972 (No. 19, 1972)” “H Q& (No. 6, 1972) (No. 19, 1977. 21, 1982) C (No. 30, Jun. 30, 1983), and Defendant B (No. 197. 197, May 12, 197) building’s “approval for use on September 15, 1971” (No. 39, May 193) 4, 1975.
D. After acquiring the ownership of D building and E building, the Defendants occupied and used the part of the instant land, which is the case (b) inside the instant land, as a passage to and from the residential household (one to three floors) of each of the above buildings, and the part of the remedy for damages on the ship was the stairs to enter into the second floor of D building.