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(영문) 서울중앙지방법원 2020.05.22 2019가단5050874
부당이득금
Text

1. The defendant's KRW 16,535,277 per annum against each of the plaintiffs and 5% per annum from August 24, 2018 to May 22, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiffs’ PriorF was assessed against the Gambling-gun G of Gyeonggi-do prior to division 1,364.

B. In around 1943, the said land was divided into 777 square meters, 122 square meters, and 465 square meters before J around the 1943, and thereafter, 122 square meters prior to the said I became “403 square meters of land in Yongsan-si, Gyeonggi-do” (hereinafter “instant land”).

C. On October 22, 1912, F died after having left L as inheritor, L died as inheritor on February 15, 1942, M died with wife N, children, Plaintiffs, andO as inheritor on August 1, 1986, and N died with the Plaintiffs andO as inheritor on April 2, 2007.

Accordingly, the Plaintiffs were finally holding 3/10 shares of each of the instant land by inheritance.

From August 10, 2013, the instant land, where the cadastral record and the registry were destroyed at the time of the Korean War, were destroyed and lost, was occupied and used as a road without any title. The Defendant has occupied and used the entire instant land as a road without any title from August 10, 2013 to April 26, 2016, for which the Plaintiffs sought return of unjust enrichment.

E. On May 28, 2015, the Yongsan-si City Mayor approved the housing construction project plan in the Yongsan-si P, including the instant land, and the said project plan was planned to expand Q including the instant land to be donated at the time of acceptance by the project proprietor.

F. Article 18-2 of the former Housing Act (wholly amended by Act No. 13805, Jan. 19, 2016; hereinafter “former Housing Act”), which is a business entity of the said housing construction project, is not possible to identify the owner of the instant land that was restored only through the land cadastre, to exercise the right to demand sale under Article 18-3 of the former Housing Act (wholly amended by Act No. 13805, Oct. 14, 2015).

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