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(영문) 의정부지방법원고양지원 2014.06.12 2013가단3890
부당이득금반환
Text

1. The defendant,

A. 5,701,620 won to Plaintiff A, 814,510 won to Plaintiff B, and 4,887,100 won to Plaintiff C, and each of them.

Reasons

1. Facts of recognition;

A. On June 27, 1927, with respect to 76 square meters (hereinafter “instant land”, and when referring to the adjacent land, it shall be the lot number) in Yongsan-gu, Yongsan-gu, Manyang-si, the registration of ownership transfer was completed in succession by agreement and division on February 10, 1934 to the Plaintiff A (7/14), Plaintiff B (1/14), and Plaintiff C (6/14) as co-inheritors on October 20, 2008.

B. On June 30, 1956, Gyeonggi-do opened and maintained a local highway FF line on the instant land, etc., and divided G 1089 square meters into H816 and I 197 square meters, and the instant land into 76 square meters. After changing the land category of the instant land from the answer to the road, Gyeonggi-do reported the instant land to the head of Seodaemun-gu Tax Office as “non-taxable land”.

C. The local highway FF line was incorporated into and expanded from a various housing site development project district promoted in the instant land zone, and was decided to be changed to an urban planning facility after abolition in 1995. The Defendant succeeded to the possession and maintenance right from around that time, and accordingly, the instant land also occupies and manages it as a road.

[Grounds for Recognition] Unsatisfy, Gap 1-4 evidence (including each number), Eul 1-6 evidence, the purport of the whole pleadings

2. Occurrence of claim for return of unjust enrichment;

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to return unjust enrichment equivalent to the rent from February 1, 2008 to the expiration date of possession of the land of this case or the date of the plaintiffs' loss of ownership by occupying and managing the land of this case from February 1, 2008 to February 1, 2008 to the plaintiffs without any title. Accordingly, barring any other circumstance, the defendant is obligated to return unjust enrichment equivalent to the rent from the date of acquisition of the land of this case to the date of loss of ownership.

B. The Defendant asserts that the Defendants’ assertion of the statute of limitations is 1.

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