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(영문) 서울동부지방법원 2018.01.11 2016가단132070
부당이득금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On August 30, 1985, Plaintiff A completed the registration of ownership transfer on the ground of sale on August 28, 1985 with respect to the land of 30 square meters (hereinafter “instant land”).

B. On July 10, 1985, Plaintiff B completed the registration of ownership transfer on the ground of property inheritance on December 27, 1979 with respect to the portion of 4/25 square meters among the portion of 30 square meters in G, Gangdong-gu Seoul (hereinafter “instant land”) on December 10, 1985. On August 30, 1985, Plaintiff B completed the registration of ownership transfer on the ground of sale and donation on August 28, 1985 with respect to the portion of 21/25 out of the instant land.

C. Defendant C owns the Gangdong-gu Seoul Metropolitan Government H land and the 2nd above ground, and Defendant D owns the Gangdong-gu Seoul Metropolitan Government I land and the 2nd above ground, and Defendant E owns the Gangdong-gu Seoul Metropolitan Government J land and the 2nd above ground.

The current status of the land Nos. 1, 2 and the land on the part of the defendant C, D, and E are as shown in the attached drawing.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 6, Eul evidence 7 (including paper numbers), the purport of whole pleadings]

2. The parties' assertion and judgment

A. The plaintiffs asserted that the defendant Gangdong-gu occupied and used the land Nos. 1 and 2 of this case by means of underground water supply and drainage and urban gas on the land Nos. 1 and 2 of this case without due process, and Defendant C, D, and E used the land Nos. 1 and 2 of this case as a passage road or a parking lot without permission. The defendants asserted that they are obligated to return unjust enrichment to the plaintiffs. Accordingly, the defendants renounced the exclusive right to use and benefit from the land Nos. 1 and 2 of this case. The plaintiffs acquired the land No. 1 and 2 of this case with such burden, and the plaintiffs acquired the land No. 1 and 2 of this case, so they did not have any obligation to return unjust enrichment to the plaintiffs.

(b) related to (1) judgment;

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