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(영문) 인천지방법원 2017.04.12 2015가단41410
부당이득반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 15, 1971, G merged the said I land with H land on February 7, 1977, after completing the registration of ownership transfer with respect to H miscellaneous land No. 466 and I Miscellaneous land No. 13.

G divided the merged H land into 11 lots on March 3, 197, by J or K on August 6, 1977, and changed the land category of the instant land into a road. From around 1977, the remaining ten parcels were sold to a third party.

After that, the land category was changed on June 8, 1981 to the land category on the remainder 10 lots except the land in this case.

B. G died on August 10, 2014, and the Plaintiffs, as G’s inheritors, completed the registration of ownership transfer based on inheritance by agreement division as to the 1/5 shares of each of the instant land.

C. The instant land is located between the remaining ten parcels, and is used as the passage roads and parking places of the residents residing in the remaining ten parcels of multi-household houses on the ground.

The land of this case is in the asphalt package, and there are telegraphic poles, excellent pipes, and manmanies on the ground.

[Reasons for Recognition] Unsatisfy, Gap's 1, Eul's 1, Eul's 1, 3-7, 13, 17-22

2. Since the plaintiffs' assertion that the land of this case is occupied and used, the defendant is obligated to pay unjust enrichment equivalent to the rent.

3. Determination

A. Whether the Defendant occupies a road or the shape of a local government that occupies the road is divided into possession and possession as a de facto controlling body of the road management authority. If the State or a local government, even though the road was not established by the Road Act, performs the reconstruction or maintenance work of the existing road, such as expansion of the road, packing, or installation of sewerage system, and thus, for the public traffic, the road is actually owned by the State or the local government.

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