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(영문) 부산지방법원 2017.05.17 2016가단322632

부당이득금

Text

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

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

Reasons

Facts of recognition

On April 12, 2002, the Plaintiff completed the registration of ownership transfer on January 1, 2002 with respect to 1/2 shares out of 317 square meters in Busan Dong-gu C road, Busan, for inheritance by agreement and division as of January 1, 2002. On January 26, 2016, the Plaintiff completed the registration procedure for ownership transfer on January 22, 2016 with respect to the remaining 1/2 shares out of the above real estate.

(2) On April 12, 2002, the Plaintiff completed the registration of ownership transfer on the ground of the inheritance due to the agreement division as of January 1, 2002, with respect to the portion of 1/2 of 264 square meters (hereinafter “the land of this case prior to the division”) among the land of this case on April 12, 2002, the Plaintiff was divided into the land of this case into 183 square meters, D road B, 46 square meters, E road 23 square meters, and F road 12 square meters on October 2, 2003, and the remaining land of this case, other than the land of 183 square meters on the land of this case, the ownership of which was transferred to the third party.

(B) After the partition, Busan Dongdong-gu 2 was divided into “No. 2.” The sum of the land No. 1 and 2, and the Plaintiff’s father G (hereinafter “the deceased”) completed the registration of transfer of ownership on the ground of sale as of March 14, 1949 with respect to one-half portion of the land No. 1 among the instant land on March 29, 1949, and completed the registration of transfer of ownership on the land No. 2 before subdivision as of October 5, 1956 due to the partition of co-owned property on September 26, 1956.

[Ground of recognition] Nos. 1-1, 2, 3, and 4 of the evidence Nos. 1-1, 2-2, 3-2, and 4, the parties' assertion of the purport of the whole pleadings, and the deceased's assertion of whether to waive the exclusive right to use the land of this case, the plaintiff, who actually uses each of the land of this case owned by the plaintiff as a road site provided for the general public without any procedure to expropriate or purchase the land of this case, actually occupies each of the land of this case without any legal cause, thereby obtaining profits equivalent to the rent of each of the land of