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(영문) 서울중앙지방법원 2016.07.13 2014가단229052
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The parties' assertion

A. Plaintiffs A, B, C, and D are co-owners of the F. 506 square meters in Hanam-si, and Plaintiff E owns one-half of the 702 square meters in G.

Since the defendant opened a road without any title and offered it for the passage of the general public, he has a duty to return unjust enrichment equivalent to the rent to the plaintiffs.

Accordingly, the plaintiffs first seek the return of unjust enrichment in the amount of KRW 10 million.

B. The former owners of each land above renounced their right to exclusive use and benefit from the land while offering the land as access road in the process of selling the land by dividing and selling the land in order to build a new house, and the Plaintiffs succeeding the ownership of the land also have the effect of waiver.

2. The Plaintiffs did not appear on the date of pleading when the Defendant occupied the land without permission, but did not establish any proof on the part of the Defendant’s occupation or on the amount of unjust enrichment.

Therefore, even if the plaintiffs' assertion is true, there is no evidence to prove it, and the plaintiffs' claim is not accepted.

3. The plaintiffs' claim is dismissed on the ground that it is without merit.

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