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(영문) 부산지방법원 2016.01.14 2015가단23006
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

The plaintiffs' claims, which are the plaintiffs' claims, have owned the land of this case from D on December 14, 1961, the 8/15 shares in the plaintiff A, and the 7/15 shares in the plaintiff B, respectively, until now.

The defendant, without permission, occupies the land of this case and uses it as a road. The defendant is obligated to return unjust enrichment from the use of the land of this case to the plaintiffs.

At the time of the construction of the road in 1932, the land of this case for which the plaintiffs' assertion of non-existence of ownership is asserted by the defendant was made, D lost the ownership of the land of this case, and therefore there is no ownership of the land of this case.

In full view of the developments leading up to the construction of the road on the instant land, the current status of the instant land, and other circumstances, D renounced the exclusive and exclusive right to use and benefit from the instant land. Since D succeeded to the limitation on the right to use and benefit from the instant land, the Plaintiffs cannot file a claim against the Defendant for return of unjust enrichment.

The Defendant asserted the existence of possessory right source upon completion of prescription has been in possession and management of the instant land in a peaceful manner with the intention to own it for at least 20 years from November 16, 1932 to the date when the land category of the instant land was converted into a road that is exempt from taxation, and accordingly, the prescription period for possession has expired. Accordingly, the Defendant has the right to possess the instant real estate.

On June 15, 1912, E, the original registration of ownership was completed in the name of Dong on December 1, 1924, under the circumstances of D on June 15, 1912. On November 16, 1932, the land category was changed to a road due to the subdivision of the instant land, and was used as a road thereafter.

From August 3, 1966, the defendant occupies and manages the above roads.

d. 199.

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