부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 8, 2014, the Plaintiff owned the land and completed the registration of ownership transfer on September 3, 1950 concerning each land listed in the separate sheet (hereinafter “each land of this case”).
B. The present status of each of the instant lands is being used as railroad sites related to subway 4 lines C.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3 (including branch numbers, hereinafter the same shall apply), Eul evidence 1 to 4, the purport of the whole pleadings
2. The parties’ assertion
A. The Defendant, without any title, occupies and uses each of the instant lands from around December 31, 2010 to the railroad site without any title. As such, the Defendant is obligated to return unjust enrichment equivalent to the rent from March 15, 2014 to the Plaintiff.
B. Each of the instant lands alleged by the Defendant is the owner of the Republic of Korea as the D site, and the Defendant is not the occupant, and the Republic of Korea has completed the statute of limitations for acquisition of possession of each of the instant lands.
3. We examine the facts that each of the instant lands is used as a railroad site, and there is no dispute between the parties, and according to Article 17(1) of the Act on the Construction of Railroad and the Maintenance of Railroad Facilities, the possessor of each of the instant lands is the Republic of Korea since the land and facilities developed or installed by a railroad construction project shall be reverted to the State simultaneously with the completion of construction. According to Article 20(3) of the Framework Act on Railroad Industry Development, the State as an executing organization shall be incorporated under special Acts by combining and combining the relevant organizations of the Korea National Railroad and the Korea High-Speed Rail Construction Authority to systematically and efficiently carry out railroad facilities-related affairs. Thus, it is reasonable to deem that the Defendant is not a possessor of each of the instant lands as an entity entrusted
Therefore, the defendant.