부당이득금반환
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. This part of the judgment of this court is accepted by the main text of Article 420 of the Civil Procedure Act, on the ground that the corresponding part of the judgment of the court of first instance (section 3, 3, 3, 3, 15) is the same, except in the following cases:
Part 3, 3, and 4 are as follows.
A person shall be appointed.
A. On September 15, 1992, the Plaintiff completed the registration of ownership transfer on the share of 56/86 of land No. 1 and the share of 2 from D for inheritance by agreement and division. On August 11, 2014, the Plaintiff completed the registration of ownership transfer on the share of 30/86 of land No. 1 from E for sale.
Each “Before the acquisition of the Plaintiff’s ownership” in Part 3, Part 6 and Part 14 shall be “B before 2010.” The following shall be added under Part 3, Part 15: [Attachment] A’s evidence 1-1, 2-2, the result of the measurement and appraisal commission to the Korea Cadastral Corporation by the court of first instance, the purport of the entire pleadings.
2. Determination
A. This part of the judgment of the court where the obligation to return unjust enrichment was created is identical to the corresponding part of the judgment of the court of first instance (as set forth in Chapter 4 and Chapter 4 and Chapter 4). Thus, this part of the judgment is cited by the main sentence of Article 420 of the Civil Procedure Act.
B. As to the Defendant’s defense, E, the former owner of land No. 1 in 1968, which was the Defendant’s defense, was the first owner of land, and the Plaintiff newly constructed a building on each land in 2016 and each of the first land. At the time, the construction permission was granted on the road part of the land No. 1
The plaintiff newly constructed a building on the 2nd land in 1994. At the time, the building permit was obtained as a passage leading to the road portion among the 2nd land which was used as a road from the past as a road, and after the completion of the building, the above part was used as a passage.
As above, the land Nos. 1 and 2 provided the Plaintiff as a road on its own for its convenience, etc. and renounced the exclusive right to use and benefit, and the Plaintiff acquired the ownership while being aware of such circumstances.