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(영문) 서울서부지방법원 2016.05.03 2014가단253791

부당이득금

Text

1. The defendant,

A. As to the Plaintiff A’s KRW 6,109,015, Plaintiff B, and C, respectively, and each of the said money, March 5, 2016. < Amended by Act No. 14085, Mar. 5, 2016>

Reasons

1. Facts of recognition;

A. On January 6, 2005, the network F, which was the owner of a 320 square meters and E road 2,060 square meters in the wife population D and E, was deceased on January 6, 2005, and the deceased inherited the deceased at the inheritance ratio of the Plaintiff A, Plaintiff B, Plaintiff C, and G, their spouse, respectively.

B. From among the land size of 320 square meters of the above H road, ship (2), part 46 square meters and E road 2,060 square meters (hereinafter “instant land”) are assigned to the land section of Taesi-si Urban Planning (U.S.) and used as national highways around July 2004.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2 (including branch numbers, if any), the purport of the whole pleadings

2. Occurrence of claim for return of unjust enrichment;

A. According to the above facts, barring special circumstances, the defendant is obligated to return unjust enrichment equivalent to the rent to the plaintiffs, as profits from occupying and using the land of this case as the road.

B. 1) The Defendant asserts that on December 20, 1972, prior to the construction of a road, the land category of the instant land was changed to a road, the networkF provided it free of charge and renounced the exclusive right to use and benefit. 2) In the event that a private land is actually used as a road for the public use of the general public, the owner of the relevant land provided the relevant land as a road and provided the right to use and benefit from the said land to the neighboring residents or the general public, or in interpreting that he/she provided the exclusive and exclusive right to use and benefit from the said land to give up the exclusive and exclusive right to use and benefit from the said land, the circumstance and scale of the ownership of the relevant land, the details and scale of the sale of the remaining land by installments, the location and nature of the relevant land to be used as a road, the relationship with other neighboring land, and the surrounding environment, etc., as well as the circumstances that were divided and sold.