부당이득금
1. The plaintiff's appeal and the plaintiff's claim added by this court are all dismissed.
2. After an appeal is filed.
1. Facts of recognition;
A. At the time of September 1989, C obtained the approval of the F apartment construction project plan in the above land by using a written consent to the use of the site regarding the land prior to subdivision received from E, who was the owner of the land of 1,355 square meters (hereinafter “Before subdivision”).
B. C purchased land before subdivision from E around November 20, 1989.
C. On July 23, 1990, C was subject to a completion inspection with respect to F apartment, and the land before the instant partition was divided into D 798 square meters prior to Dong-si, Dong-si, G, 132 square meters prior to H, 152 square meters prior to H, 213 square meters prior to I, and 60 square meters prior to J (hereinafter referred to as “land number”) around August 20, 199. The said D land was divided into a site, and the said I land (hereinafter referred to as “instant land”) was converted into a road.
The land of this case was designated as an urban planning road around February 19, 1994 (K).
E. On November 18, 2016, the Plaintiff acquired the ownership by winning a successful bid at the auction procedure of the instant land.
F. Meanwhile, around September 1989, the instant land was planned as a road (60 meters) to enter the F apartment at the time of the said F apartment construction project plan, and the design of F apartment was also designed as a road, which is the entrance and access road of F apartment, and is used as a road to enter the F apartment from July 1990, when the construction of F apartment was completed.
[Reasons for Recognition] Facts without dispute, entry and video of Eul evidence 1 to 10 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion is without any ground that the defendant uses the land of this case owned by the plaintiff as a road, and thus, it is obligated to deliver it to the plaintiff and refund the amount equivalent to the fees as unjust enrichment.
Even if C, who is the owner of the instant land, has renounced exclusive and exclusive rights to use and benefit from the instant land by providing it as a road site, it becomes the basis thereof.