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(영문) 제주지방법원 2017.10.27 2017가단51138
부당이득금반환청구
Text

1. The defendant

A. The plaintiff Gap 14,195,098 won, the plaintiff Eul 4,228,546 won, the plaintiff C, D, and E respectively, 3,195,202 won and the above.

Reasons

1. Basic facts

A. F land, “G land,” “H land,” “I land,” and “J land” in the order of the land indicated in the attached list.

① The transfer registration of ownership was completed in the name of the Plaintiff A on November 11, 1977 for F land.

② On March 5, 1981, the registration of ownership transfer was completed under the Plaintiff A’s name, and on April 30, 2015, the registration of ownership transfer was completed at the ratio of Plaintiff B B2/5, Plaintiff C, D, and E’s shares on May 13, 2015 on the ground of donation on April 30, 2015.

③ On June 23, 1939, K died on January 17, 1976 when the transfer registration of ownership was completed in the name of H and I land. On the same day, on March 23, 2017 due to the inheritance of property due to the consultation division, the transfer registration of ownership was completed at the ratio of each of the Plaintiffs 1/5 shares on March 23, 2017.

④ On August 16, 1919, the J land succeeded to the transfer of K after L death, and succeeded to the transfer of K after L. The Plaintiffs, who are its inheritors, have succeeded to each of the shares of 1/5 shares through the agreement on the division of inherited property, and completed the registration of preservation of ownership on March 23, 2017.

B. Plaintiff A donated G land to Plaintiff B, C, D, and E, and transferred the claim for return of unjust enrichment arising from the donation to the said Plaintiffs, and notified the Defendant of the assignment of the claim through the delivery of a duplicate of the instant complaint.

C. On February 1, 1985, the land category of F and G land was changed from the site to the road. On July 6, 1936, the land category of H and I land was changed from the site to the road. The land category of J land was changed from March 15, 1924 to the road.

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

[Ground of recognition] Facts without dispute, Gap 1-8 evidence, purport of 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 instant land as a passage to the general public, and acquired profits by occupying and using it.

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