부당이득금반환
1. All appeals by the defendant against the plaintiffs are dismissed.
2. The costs of appeal shall be borne by the Defendant.
purport, purport, and.
1. The following facts may be acknowledged in light of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 2-1 to 5, 4; and (c) evidence Nos. 1-1, 2, and 3; and (c) the purport of the entire pleadings as a result of the commission of appraisal to the Korea Intellectual Property Corporation by the first instance court.
Attached Form
Each land indicated in the list 1 was originally owned by H, but the heir succeeded to 1/19 shares of the Plaintiff A, 6/19, 2/19, 3/19, 2/19, 3/19, and 1/19 shares of the Plaintiff B, and 3/19, respectively through the agreement on the division of inherited property on October 5, 1964.
B. Of each land listed in the separate sheet No. 1, the portion of (a) part of (a) and (d) part of 285 square meters, part of (e) part of 265 square meters, part of (i) part of 22 square meters is currently being used as each road site through the following process:
C. In around 1981, some of the land in this case (A) and (d), (e), (i) and (i) were assigned to the site of the national highway 31 line (hereinafter referred to as the "land to be incorporated into the National Highway in this case where such land is collectively referred to as the "land to be incorporated into the National Highway"), and the co-defendant 31 line of the first instance trial, Ulsan Metropolitan City, on February 28, 2008, announced the closure of routes as to the part of the national highway 31 line of which the passage of the land to be incorporated into the National Highway 31 line, and even after the closure announcement, the land to be incorporated into the National Highway 31 line of this case is still being provided for the passage of the general public.
Meanwhile, the remaining part of the instant land, which is not incorporated into the national highway 31 line, is incorporated into the site of the road referred to as the so-called “I” and offered for the passage of the general public (hereinafter referred to as the “land incorporated into the instant I”), is a de facto road that has been packed on the roads naturally occurring.
2. Determination on whether a claim for return of unjust enrichment occurred
A. According to the facts found before the part of the land incorporated into the instant subparagraph 31, the land incorporated into the instant subparagraph 31 is subject to the possession and use of the instant land (A), (d), (e), and (i).