부당이득금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. Defendant E, Nonparty J, K, and L completed the registration of preservation of ownership on July 11, 1970 in accordance with the former Act on Special Measures for the Registration, etc. of Transfer of Forest Land Ownership on each of 1/4 shares of each real estate listed in the separate sheet (hereinafter “instant real estate”).
B. The above J died on December 25, 1975, and the plaintiffs, defendant F, and H are children of the deceased J.
C. Around 2017, Defendant I’s representative “M clan” filed a lawsuit against the Plaintiffs, Defendant F, and H, the heir of the instant real estate, claiming that the instant real estate was a clan property and filed a claim for ownership transfer registration on the ownership share of the instant real estate due to the cancellation of title trust.
The court of first instance rejected the lawsuit of this case for the reason that it is difficult to see that the clan of this case is not a unique clan nor a similar organization of the clan.
(Dacheon District Court Decision 2017Gahap102012 Decided February 23, 2018). The court dismissed the appeal of the instant clan on the ground that the instant clan was not a unique clan but a unique clan, and that it is difficult to deem that the instant clan was registered as a similar organization of the instant clan around 1970, since the registration of preservation of ownership of the instant clan was completed with respect to the instant real estate, it is difficult to deem that the instant clan was registered as a similar organization of the instant clan.
(Seoul High Court Decision 2018Na201807 decided March 8, 2019). 【Ground for Recognition】 The fact that there is no dispute, entry in Gap-5, 7-9 evidence, and the purport of the whole pleadings.
2. The assertion and the decision-making Plaintiffs asserted that part of the instant real estate shares of which the J claimed by the Plaintiffs are inheritance shares, which are Plaintiff A, B, C60/1736, and Plaintiff D 29/1736.
B. The Defendants succeeded to the instant real estate without the Plaintiffs’ consent. As the Defendants occupied and used the instant real estate without any consent and unjust enrichment of a reasonable amount of rent of KRW 1.4 million per annum, the Defendants were jointly and severally liable from July 17, 2019, which is the date of the instant lawsuit.