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(영문) 울산지방법원 2016.11.09 2016나21810
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 6, 1912, 1912, the Ulsan-gu D 155 square meters (hereinafter “the instant land”) is the land under the circumstances of E on February 25, 1912, and each of the said land (hereinafter “instant land”) was changed to the road category on October 14, 1919.

B. On March 30, 1922, E deceased on March 30, 1922, the head of Yong-Nam, the family heir, succeeded to the instant land and thereby, the death of F ( July 14, 1963), Plaintiff A became the 6/9 shares of the instant land, Plaintiff B 2/9 shares, and G became the inheritance right holder of the shares of 1/9 shares.

C. Since the land category was changed to a road, the land in this case was provided for the passage of the general public, and at present, the Defendant occupies and manages the land as incorporated in Ulsan-gu, Ulsan-gu.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the Defendant, as the road management authority, occupies and uses the instant land as a road, the Defendant is obligated to pay the amount equivalent to the rent from June 2, 2010 to the date on which the Defendant’s possession of the instant land was terminated or the date on which the Plaintiffs lose their ownership was lost, as long as there is no legitimate source of right to possess the instant land, to the Plaintiffs, who are inheritance right holders of the instant land, due to the possession and use of the instant land, and

3. Judgment on the defendant's assertion

A. The defendant's assertion (1) The defendant acquired the land of this case by prescriptively and openly occupying the land of this case with the intention to own it for at least 20 years, and (2) as the land of this case was used as a Japanese occupation road, E, the owner of this case, renounced exclusive use of and right to benefit from the land of this case, and the F and the plaintiffs, the heir of this case, also succeeded to the claim of the plaintiffs.

B. Determination 1-related legal principles.

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