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1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap evidence 1-1, 2, 2-2, 2-3, 3-1 and 4-2, and there is no counter-proof.
Attached Form
With respect to the land listed in paragraph (1) of the list (hereinafter “instant land”), one half of the shares in the land indicated in paragraph (1) (hereinafter “instant land”), Plaintiff B completed the entire share transfer registration as the receipt No. 457 on January 5, 2011, and Plaintiff A completed the entire share transfer registration as the receipt No. 18617 of the same court on April 11, 201.
B. The Plaintiff C completed the registration of ownership transfer as the receipt No. 8481 on February 18, 201 with respect to the land listed in the Attached List No. 2 (hereinafter “instant land”).
C. The Defendant is currently occupying the roads by opening and managing the land Nos. 1 and 2 of this case.
The plaintiffs filed a lawsuit against the defendant against the defendant to return unjust enrichment equivalent to the amount of profits from the use of the land Nos. 1 and 2 in the case of return of unjust enrichment by the Incheon District Court 2012Gadan78343. The lawsuit was concluded on March 13, 2013, and the argument was concluded on March 29, 2013, and the defendant should return unjust enrichment to the plaintiffs on the following grounds. The above judgment became final and conclusive on April 19, 2013.
(1) The defendant has a duty to return the amount equivalent to the profit from the use of the land of this case to the plaintiffs as unjust enrichment, barring special circumstances. (2) The defendant has a duty to return the amount equivalent to the profit from the use of the land of this case from November 1, 1953 to December 1, 1958 to the owner of the land of this case at the time of the first and second years after consultation on compensation with the owners of the land of this case.