logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.07.14 2016가합51569
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) KRW 19,322,933 as well as 5% per annum from March 23, 2016 to July 14, 2016; and

Reasons

1. Facts of recognition;

A. The ownership of each land listed in the separate sheet is 1) the network B (hereinafter “the network”).

From June 9, 1970, the deceased owned each parcel of land listed in the separate sheet until now. 2) The deceased died on November 24, 1983. The deceased, who is a child and family head, succeeded to each parcel of land listed in the separate sheet (hereinafter “each parcel of land in this case”) in the proportion of 2/12 in proportion to 3/12, 3/12, 4/12, 4/12, and 2/12.

3) On February 2, 2008, G, who is the husband, succeeded to the portion of the network D’s share in each of the instant land in proportion to 3/7, H, and I, who is the husband, at the rate of 2/7, respectively. 4) The network D’s death on August 10, 2010, and the mother C succeeded to the portion of the network E’s share in each of the instant land.

5) On March 18, 2012, the deceased on March 18, 2012, the Plaintiff, F, inherited the portion of the deceased and deceased E in proportion to each of the instant lands in proportion to one-third of each of the respective shares. G, 3/21, H, and I inherited the portion of the deceased and deceased E in proportion to each of the respective shares of the instant lands in proportion to 2/21, respectively. As a result, the ownership of each of the instant lands is as indicated below [Attachment]. The ownership relationship of Plaintiff F, F, HI, 3/12 (2/12 of the deceased’s portion of the deceased’s portion of the deceased’s portion of the deceased’s portion of inheritance in proportion to 3/12 x 1/12 of the deceased’s portion of inheritance in proportion to the deceased’s portion of inheritance in proportion to 3/37/21, 37/2523/2522522/2252525 of the deceased’s portion of inheritance in respect to the deceased C.

B. Since the 1970s, the Defendant occupied and used each land listed in the separate sheet as a road.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Determination as to whether the obligation to return unjust enrichment occurred

A. According to the above facts of recognition as to the cause of the claim, the defendant, by occupying and using each of the lands of this case as a road, obtains profits without any legal grounds, and damages the plaintiff, who is a co-owner of the above lands.

arrow