부당이득금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts recognized;
A. On August 17, 1987, the Defendant purchased from G the land and the above ground buildings located in Busan Seo-gu (hereinafter “1 real estate”), the land and the above ground buildings located in Busan Seo-gu E (hereinafter “2 real estate”), and the F 41mm2 (hereinafter “the instant road”) of Busan Seo-gu, Busan Seo-gu, and completed each registration of ownership transfer on August 18, 1987.
B. On March 29, 198, the defendant sold the first real estate to the plaintiff B, and completed the registration of ownership transfer on March 31, 198, respectively.
C. On July 28, 1988, the Defendant sold real estate No. 2 to Plaintiff A, and completed each registration of ownership transfer in the name of Plaintiff A on the same day.
The location of the first and second real estate and the road of this case are as follows. The road of this case is a passage to the first and second real estate.
E DF
E. On May 14, 2018, the Defendant sold the instant road to H in KRW 111,60,000, and completed the registration of ownership transfer on May 15, 2018.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, 8-10, Eul evidence No. 1 (including abnormal numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiffs asserted that they purchased the road of this case at the time of their purchase of the first and second real estate from the defendant, and that they acquired the ownership of the road of this case by occupying the road of this case in peace performance with the intention to own the road of this case for not less than 20 years thereafter, the primary cause of claim is that the defendant, without any legal cause, sold the road of this case to a third party and obtained unjust enrichment equivalent to the purchase price, and thus, the defendant is obligated to return each of the above unjust enrichment to the third party. The primary cause of claim is that the defendant, even though he knows the purchase of the road of this case or the completion of acquisition by prescription, he is obligated to return