부당이득금
1. The Defendant: (a) 5,245,630 won to Plaintiff A; (b) 3,606,370 won to Plaintiff B; and (c) 1,147,481 won to Plaintiff C; (b) 1,147,481 won to Plaintiff D and E, respectively.
1. Basic facts
A. On July 11, 1935, the land category was changed from the field to the road, and on June 24, 1936, the registration of ownership transfer was completed in the name of the network G on June 24, 1936 (hereinafter “the network”).
B. The primary roads, including the instant roads, were pointed out as urban planning facilities (road and plaza) by the announcement of the Busan Metropolitan City and the Busan Metropolitan City (HH April 29, 197), and were authorized to be changed to the Gan urban planning facility project (J) by the public announcement of the Geumcheon-gu Busan Metropolitan City (J). From 1996 to 198, a road expansion construction is being performed, and the road is currently constructed and provided for public traffic until now.
C. On October 10, 2017, Plaintiff A completed the registration of ownership transfer for each inheritance with respect to 32/85 shares among the instant roads; Plaintiff B with respect to 22/85 shares; Plaintiff C with respect to 7/85 shares; Plaintiff C with respect to 12/85 shares; and Plaintiff D and E with respect to each 12/85 shares.
[Ground of recognition] Facts without dispute, entry of Gap 1 through 4, entry of Eul 1 through 9 (including each number, hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to return unjust enrichment equivalent to the rent due to the occupation and use of the road of this case to the plaintiffs, except in extenuating circumstances.
B. The defendant's assertion argues that since the deceased and the plaintiffs renounced their exclusive right to use and benefit from the road of this case, the plaintiffs cannot make a claim for return of unjust enrichment to the defendant.
Where a private land is naturally occurring or is classified as a proposed road and actually used as a road for public traffic, the owner of the land shall provide the land as a road by himself/herself and shall be entitled to free traffic to neighboring residents or the general public, or shall be granted the land.