부당이득금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The facts based on the facts are the land in Yongsan-gu Seoul Metropolitan Government (4.3 square meters, road 11.3 square meters, road 229.5 square meters, road 229.5 square meters, hereinafter “instant land”) on which G has completed the registration of transfer of ownership of 1/2 shares due to purchase and sale on September 15, 1976; G dies on August 18, 2010; the fact that G was part of its successors is no dispute between the parties.
2. Grounds for and determination of the claim
A. The Plaintiffs asserted that the Defendant, without the consent of the owner, sealed the asphalt on the instant land without permission and used as a road, and sought a return of unjust enrichment equivalent to the rent.
B. The following facts can be acknowledged in full view of each statement in the evidence No. 1 to No. 9 of the judgment.
(1) Of the instant land, (1) around May 10, 1973, H changed the land category from the instant land to the road by dividing it into the land category, (2) around H applied for non-taxation designation on the ground that the said D is being used as a public road, and is currently used as a public road until now after being designated as non-taxation. (2) In order to develop a housing site, K Bank, which was the owner of J land, applied for a subdivision into J, L, E, M on August 20, 1976, and applied for a land category of the said E among them, and was designated as non-taxation by applying for a non-taxation designation.
(2) After that, N on September 15, 1976 (registration December 28, 1978) and the deceased's decedent G jointly purchased M land among the divided lands, and purchased the above D land and the above E land used for the passage of this M together, and used it for the passage to the present day.
(3) Of the instant land, F land is divided into E on March 29, 2018.
Therefore, the land of this case is created to provide the passage of divided land in the course of the development of housing site by the owners of the land, or the part already used for public use is divided.