손해배상
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. As to the real estate compulsory auction (hereinafter “instant road”) owned by Defendant A, the compulsory auction procedure (Tgu District Court C; hereinafter “instant auction”) was conducted for the real estate auction (hereinafter “instant road”).
On April 16, 2013, the Plaintiff paid KRW 25,119,00 in the instant auction procedure, and completed the registration of ownership transfer on April 18, 2013 after winning the instant road.
on May 15, 2013, the sum of KRW 25,119,00, 25,111, plus interest of KRW 18,11,00, and KRW 23,080,871, 6,343,530, out of the remainder of KRW 23,080,871, excluding KRW 2,056,240, which was paid by the Plaintiff as the auction proceeds of the instant case, was distributed (100% of the dividend ratio) to Defendant Busan City (the delivery authority, the first order), and KRW 16,737,341 was distributed to the Defendant (the applicant creditor and the second order) (4.54%).
B. In the previous case, the Plaintiff filed a lawsuit claiming road user fee (Tgu District Court 2013Kadan27852, hereinafter “the previous case”) against the Plaintiff, asserting that the Plaintiff obtained unjust enrichment from the occupation and use of the road in this case from D, E, F, G, G, G, H, and I.
On November 5, 2013, Defendant A, the former owner of the instant road, obtained the approval of the K Development Plan from Defendant B, the former owner of the instant road, for the J of Busan Metropolitan City, including the instant road site, around August 28, 1996, the court in charge of the instant case divided L/4,721 square meters into L/4,483 square meters, M, 154 square meters, N, 2,052, B, 55 square meters, 55 square meters into 343 square meters, and on September 29, 197, the land B and 555 square meters, which was changed after the land category was changed to a road.
) The instant road has been gratuitously reverted to public facilities, and around that time, the instant road was packed and used by the general public until now. Examining the foregoing facts in accordance with relevant legal principles (see, e.g., Supreme Court Decision 2012Da26411, Jul. 12, 2012).