부당이득금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On February 8, 2013, the Plaintiffs completed the registration of transfer of ownership on January 31, 2013, with respect to each 1/3 co-ownership of 128 square meters of land D (hereinafter “instant land”). < Amended by Act No. 11684, Jan. 31, 2013>
B. The Defendant opened and occupied the road on the instant land.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. According to the above facts, since the defendant without any legal ground occupies and manages the land of this case, which is owned by the plaintiffs, as a road, the defendant is obligated to return unjust enrichment equivalent to the rent from the occupation and management of the land of this case to the plaintiffs, barring special circumstances.
B. The Defendant asserts that the former owner of the instant land gave up the exclusive and exclusive right to use the said land, and provided the said land as a road for the general public to free access. The Plaintiffs who purchased the instant land, which has the limitation of such use and profit, may not seek the return of unjust enrichment against the Defendant.
In a case where a certain private land is naturally occurring or is classified into a road site and actually used as a public road for the traffic of the general public, the owner of the land grants a neighboring resident or the general public the right to free access to the land by providing the land as a road, or gives a view that he/she waives his/her exclusive and exclusive rights to use and benefit from the land, the circumstances and the holding period that he/she owned the land, the details and scale of selling the remaining land in installments, the location and nature of the land to be used as the road, the relationship with the neighboring land, the surrounding environment, etc., as well as the extent that he/she contributes to the land concerned for the effective use and benefit of the remaining land partitioned and sold.