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(영문) 수원지방법원 2014.02.18 2013가단202133
부당이득금
Text

1. The plaintiff (Counterclaim defendant) is attached Form 2.1 to the defendant (Counterclaim plaintiff) on each real estate listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. On September 9, 1969, in Gyeonggi-do D Forest (hereinafter “instant land before the instant partition”), the E forest was divided into KRW 198 square meters, F forest land 1,686 square meters, and G forest land, respectively.

B. On December 12, 1969, the land category of the above E and F land was changed to a road, respectively, and the Defendant occupied and used each of the above land since the completion of construction of the road by incorporating each of the land into the sub-section into the sub-section, and the designation and promulgation of the sub-section on August 31, 1971 after completing construction of the road.

[each of the above lands shall be referred to as "each land listed in the separate sheet No. 1 (hereinafter in sequence referred to as "the land No. 1 and 2 of this case") with the change of administrative district and lot number change

(iii) became c).

The land before the division of this case was acquired by the Plaintiffs’ Ha in 1933 and completed its registration. He died on February 10, 1970.

As above, on December 20, 1971, the registration of ownership transfer in the Plaintiff’s name was completed for the land remaining after subdivision, but the registration of each of the instant land remains in the H name.

E. On July 3, 191, the I land was divided into D Forest land transferred under Plaintiff A’s name. On July 24, 1991, the Defendant acquired the said land from Plaintiff A through consultation and additionally incorporated the said land into Gyeongbu Highway.

F. On November 12, 1996, the Osan Mayor sent the certificate of registration on the ground that the registration of change of indication of each of the instant land was completed to H.

G. H’s heir was the Plaintiffs and wife J, who were their children, but the J died on January 2, 2001, and the Plaintiffs’ inheritance shares in each of the instant land were as shown in the separate sheet No. 2.

[Ground for Recognition: Facts without dispute, Gap evidence 4, Eul evidence 1, Eul evidence 2, 3, and 4, the purport of the whole pleadings]

2. Determination

A. The plaintiffs' assertion 1) Since the defendant arbitrarily occupied and used each of the lands of this case inherited to the plaintiffs without the plaintiffs' intention, the defendants must return unjust enrichment from such possession and use. 2)

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