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Reasons
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(영문) 서울고등법원 2015.04.01 2014나28857
부당이득금반환
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1. Of the judgment of the court of first instance, the part of the judgment against the Defendants exceeding the money ordered to be paid below is revoked.

Reasons

1. Basic facts

A. From March 27, 2002, the Plaintiff owned the Gwangju City H and I land to the present date.

B. From July 1, 2004, Defendant J and C shall own the land of K up to 1/2 shares until July 14, 2005, Defendant D shall use the entire part of the N to March 14, 2002, from November 21, 2001 to September 1, 2013, and from September 201, the acquisition intervenor shall own the land of H 421 meters as well as I 17,18,19,20,21,222,23, 244, 28, 248, 154, 206, 207, 207, 1,36, 205, 200 square meters as indicated in the annexed drawings, which are actually being used as a road among the following questions:

[Ground for Recognition]: Facts without dispute, entry of Gap evidence 1, 2, and 4 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the result of the request for surveying and appraisal to the Director of the Gyeonggi-do Headquarters of the Gyeonggi-do Headquarters of the First Instance, the purport of the whole pleadings

2. Return of unjust enrichment:

A. The Defendants and the acquirers are occupying and using the instant land as entry and exit. As such, the Defendants and the acquirers are obligated to return unjust enrichment from January 1, 2006, which the Plaintiff seeks, from the date of expiry of the occupation of the Defendants and the Intervenor or from the date of loss of the Plaintiff’s ownership, due to the possession and use of the instant land.

B. The Defendants asserted to waive the right to use the land of this case. The Defendants asserted to waive the right to use the land of this case. The Defendants agreed to use the land of this case as a road by the former owners of this case, and used the land of this case as a road package, and the Plaintiff purchased the land of this case after the road package. As such, the Plaintiff purchased the land of this case, the former owners of the land of this case.

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