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1. The plaintiff's appeal is all dismissed.
2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.
Reasons
1. The Plaintiff asserted that the Defendants occupied and used the road 144.1 square meters in Gangnam-gu Seoul, Seoul (hereinafter “instant road”) owned by the Defendants without any cause, and sought the return of unjust enrichment equivalent to the usage fees. The Defendants asserted that G, the original owner of the instant road, renounced the right to exclusive use and benefit from the instant road, and the Plaintiff also acquired the instant road with knowledge that there was at least a limit to the use and benefit from the instant road in the process of acquiring the instant road.
2. Determination
A. It is reasonable to view that the original owner of the land has acquired the ownership of the land by selling, selling or selling the land, or giving up the exclusive and exclusive right to use and benefit from the land without compensation by providing a part of the land to the original owner of the land, and the residents have given up the right to use and benefit from the land, and then by selling, selling, or giving payment in lieu of the ownership of the land after the residents have passed the land without compensation. As such, it is reasonable to deem that the land owner acquired the ownership of the land after
(See Supreme Court Decisions 97Da52844 Decided May 8, 1998; 2012Da26411 Decided July 12, 2012, etc. (see, e.g., Supreme Court Decisions 97Da52844 Decided May 8, 198).
The following facts may be acknowledged, either in the absence of a dispute between the parties, or in the light of the overall purport of the pleadings, on the statements and images of Gap's 1 through 4, 6, 8, 9, 12 through 14, Eul's 1 through 7, and Eul's 1 through 4 (including each branch number).
1) The Gangnam-gu Seoul Special Metropolitan City H 1,171 square meters (hereinafter “Before land substitution”) owned by G is called “Before land substitution.”
The area of 13,071,857.9 square meters, such as I, to which this belongs, was incorporated into the J Land Readjustment Project District around 1971, and was designated as the land scheduled for replotting around October 28, 1971, and was prepared around that time.