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(영문) 제주지방법원 2018.01.12 2017가단51404
부당이득금
Text

1. The defendant,

A. As to Plaintiff A’s 37,988,360 won, Plaintiff B’s 4,618,240 won, and each of the above amounts, on October 28, 2017.

Reasons

1. Basic facts

A. The Plaintiff A completed the registration of ownership transfer on June 11, 1965 with respect to the land listed in [Attachment 1, 2, 3, and 4] listed in [Attachment 1, 2, and 3 [Attachment 1] list of real estate (hereinafter “instant land”).

B. Plaintiff B completed the registration of ownership transfer on June 27, 2006 with respect to land No. 4 of this case.

C. The land category Nos. 1 and 3 of the instant case was changed from around August 1, 194 to the road on May 20, 1957 to the land category Nos. 2 and 4 of the instant case.

From the time of the change of land category, the defendant provided each of the above land to the general public for traffic and passage, and occupied and managed it.

[Reasons for Recognition] Unsatisfy, Gap 1-4 evidence, the purport of the whole pleadings

2. Return of unjust enrichment:

A. According to the facts of recognition of the obligation to return unjust enrichment, the defendant provided each of the lands of this case as a passage to the general public, obtained profits by occupying and using them, and suffered losses from the plaintiffs. Thus, the defendant is obligated to return unjust enrichment from possession and use to the plaintiffs, who are the owners of each of the lands of this case, unless there is no proof of assertion as to the possessory right.

B. The Defendant asserts that the acquisition by prescription 1 as to the Defendant’s assertion was completed as the acquisition by prescription was completed as the land of this case was preserved, openly and openly managed and occupied on the road for a long time.

If the nature of the source of possessory right of real estate is not clear, the possessor shall be presumed to have occupied in good faith, peace and public performance with the intention of ownership pursuant to Article 197(1) of the Civil Act, and such presumption shall also apply to cases where the State or a local government, which is the managing body

However, it is well known that the possessor does not have such legal requirements without any legal act or any other legal requirements which may cause the acquisition of ownership at the time of the commencement of possession.

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