부당이득금
1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiff (Appointed Party) and the Appointed Party B.
1. The following facts may be acknowledged in full view of the following facts: there is no dispute between the parties; there is no evidence Nos. 1 and 3; and the court of the first instance entrusted the appraisal of rent to appraiser D; and the purport of the entire pleadings.
The Plaintiffs acquired 1/2 shares of each of the instant land in the public sale procedure on June 22, 2015, and completed the registration of ownership transfer on June 29, 2015.
B. The instant land is attached to the building site of the Gurisisi, and has been packed with an Arabic container since June 29, 2015 and has been used as India until now.
2. Determination on the plaintiffs' claims
A. The gist of the plaintiffs' assertion is without any title that the defendant provided the land of this case owned by the plaintiffs to the general public through India, which is part of the road, and occupied and used it, thereby gaining unjust enrichment equivalent to the rent for the land of this case. Accordingly, the plaintiffs suffered losses equivalent to the same amount.
Therefore, the Defendant is obligated to return to the Plaintiffs the amount equivalent to the rent based on the road from June 22, 2015 that the Plaintiffs acquired as to the instant land, as unjust enrichment.
B. (i) The form of occupation of a road by the State or a local government can be divided into possession and possession as a road management authority. As such, if the existing de facto road is determined by the Road Act, or a road zone is established by the implementation of an urban planning project under the Urban Planning Act, it can be recognized that the occupation of the road management authority has commenced starting from that time. If the State or a local government, even if there is no act of building a road pursuant to the Road Act, performs a road construction project, such as expansion of the existing road, packing of the road, or installation of the sewerage system, and uses it for the general public’s traffic.