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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry in Gap evidence 1 through 8, and purport of the whole pleadings);
A. The E-road 1,69 square meters (505 square meters), F road 126 square meters (38 square meters), G road 645 square meters (195 square meters) and H road 261 square meters (79 square meters) were owned by I from around 1945.
(hereinafter referred to as “instant land”) b.
I died on March 9, 1972. On April 29, 1955, between the JJ, the agreement was married on April 29, 1955, the Plaintiff A, the South-North Korea, the Plaintiff C, and the Plaintiff C, the South-North Korea, and the 20/138 shares, and the wife M were succeeded to the instant land as indicated in the list of inheritance relations. They succeeded to the instant land, as shown in the list of inheritance relations, the Plaintiff A succeeded to the instant land, the Plaintiff B, the 38/138 shares, the Plaintiff C, the 26/138 shares, and the Plaintiff D, the 20/138 shares.
C. The instant land is part of the “O” located north of the race National Park. The Defendant occupied and used the instant land from the time the instant land was incorporated into the construction sections of the first-Class 13 line line National Park, on or around December 20, 1958, when the land category was changed to a road on or around December 20, 1958.
2. Whether the obligation to return unjust enrichment arises;
A. According to the above facts, the defendant, by occupying and using the land of this case as a road, obtained benefits equivalent to the rent without any legal ground, and thereby suffered damages equivalent to the same amount from the plaintiffs, co-owners of the land of this case. Thus, the defendant is obligated to return the amount equivalent to the rent to the plaintiffs as unjust enrichment, barring any special circumstance.
B. On the ground of the Defendant’s assertion on the acquisition by prescription, the Defendant had completed compensation around 1957, which was incorporated into the portion of construction works for building roads of Class 13 at the time of the instant land from among the race National Park, and had been occupied for twenty (20) years from that time, and the acquisition by prescription for the instant land had already been completed, and thus, the Defendant had completed the acquisition by prescription.