부당이득금
1. Of the judgment of the court of first instance, the part against the plaintiffs in the principal lawsuit ordering payment and the counterclaim part shall be revoked.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. D completed the registration of ownership transfer as the receipt No. 4450 on April 22, 1980 of Suwon District Court on December 15, 1969 on the instant land by reason of sale and purchase on December 15, 1969.
Since then D dies, on March 29, 2007, the plaintiffs completed the registration of ownership transfer on March 30, 2006 for each of 1/2 shares out of the land of this case on March 30, 2006.
B. The Defendant, among the instant land, packages of part (a) of 126 square meters inboard (hereinafter “the instant road”) that connects each point of the attached Form 1, 2, 3, 4, 5, 6, 7, and 1 in sequence, among the instant land, into asphalt and uses it as a road.
C. From March 1, 2015, the monthly rent and the rent for the period from March 1, 2015 to the present date are as follows:
Results of entrustment to appraiser H of the court of first instance of appraisal of a fee
4.1) The amount calculated by multiplying the rent by 126/186 on the basis of the “responding 1.3” in paragraph (1). The rent for the area of land category of Gyeonggi-do for the lease period of KRW 126 square meters from March 1, 2010 to December 11, 473 14, 730 from January 1, 201 to December 31, 201; the court’s overall appraisal of KRW 136.142, 860, 320 on the aggregate of KRW 13.5 square meters on the 20th 1.3rd 6th 6th 1, 206 to December 31, 201; the court’s appraisal of KRW 146.3rd 1, 206 to December 14, 201; and the court’s appraisal of KRW 15th 1,2012 to December 14, 2013
2. Determination as to the cause of the principal claim
A. The Defendant’s ground for the claim is not only 126m2 of the instant road but also 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13.