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(영문) 수원지방법원 2017.02.15 2015가단134753

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 2, 1983, the Plaintiff Association completed the registration of transfer of ownership under the name of the said Plaintiff with respect to the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land No. 1”) as to November 2, 1983, and the Plaintiff Category C completed the registration of transfer of ownership with respect to the land listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant land”) listed in the attached Table No. 1994.

B. On October 18, 199, the land category No. 1 of this case was changed to the road category on July 19, 2002, and the land category No. 2 of this case was changed to the road, respectively.

C. The land Nos. 1 and 2 of this case is currently located between the apartment and G apartment located between the apartment and the 8 to 10 meters wide, and is currently used as the passage of apartment residents, etc.

[Reasons for Recognition] The fact that there is no dispute, entry of Gap evidence 1 to 4 (including a branch number, if any) and the purport of the whole pleadings

2. Determination

A. The plaintiffs' assertion that the defendant used the land Nos. 1 and 2 of this case as a road without legitimate authority to obtain unjust enrichment equivalent to the rent. Accordingly, the plaintiffs who are the owners of the Nos. 1 and 2 of this case suffered damages equivalent to the same amount. Thus, the defendant is obligated to return to the plaintiffs the unjust enrichment equivalent to the rent from five years before the lawsuit of this case is filed to the plaintiffs from the date of possession of the land Nos. 1 and 2 of this case or from the date of termination of the plaintiffs

B. The person who acquired profits by occupying the real estate owned by another person without a legitimate title should return the profits acquired by the possession without a title to the owner who suffered losses. First, we examine whether the defendant occupied the land Nos. 1 and 2 of this case.

Persons other than the State or local governments, for example, the construction of roads in fact by residents as self-help projects, or renovation or maintenance of existing roads.