부당이득금
1. The plaintiff's appeal is dismissed.
2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.
purport, purport, and.
1. Basic facts
A. On July 20, 2007, the Plaintiff completed the registration of ownership transfer on the ground of donation on July 3, 2007, with respect to the land B 122 square meters in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant land”).
B. The instant land is currently being used for the passage of the general public, and the Defendant actually occupies and manages the instant land as a road.
[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to return the amount equivalent to the rent from July 20, 2007, which the plaintiff acquired ownership of the land of this case, to the date of loss of ownership or the date of termination of the defendant's possession, except in extenuating circumstances to the plaintiff.
B. As to the Defendant’s assertion 1, the Defendant asserts that: (a) the first company, the former owner of the instant land, or Q, provided the instant land as a road, and renounced exclusive and exclusive rights to use; and (b) the Plaintiff, who specifically succeeded to the instant land, acquired ownership with knowledge of the fact that there is a burden of restricting such use and profit; (c) thus, the Plaintiff cannot exercise exclusive and exclusive rights to use and profit from the instant land; and (d) only seven years after the Plaintiff acquired the ownership of the instant land, seeking the return of unjust enrichment against the Defendant cannot be allowed since it constitutes an abuse of rights. (b) First, the Plaintiff’s claim on the waiver of exclusive and exclusive rights to use and profit from the instant land.
Where a private land is naturally occurring or is classified as a prospective road site and actually used as a road for public traffic, the owner of such land shall provide such land as a road by himself/herself.