logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.12.24 2014가단5226850
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On July 18, 2014, the Plaintiffs completed registration of initial ownership relating to each of the lands listed in the list of real estate attached Table 1 attached hereto.

B. On October 10, 1913, the 3,690 square meters in the name of the administrative district was changed to Ra in the Yan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “former one land”), and on June 10, 1913, the 1,448 square meters in the name of the administrative district was changed to Ma 1,448 square meters (hereinafter “two land before division”) due to S in the Yan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “N”).

(c)The sub-divisions of one and two lands before and after the subdivision are as listed in the following table:

(1) The land No. 1 on June 1, 1920 prior to the subdivision on March 29, 1919, the PP No. 1,786 PP No. 797, Q Q Q No. 1,107 (Before subdivision 1,107) of the Republic of Korea No. 151, Q Q No. 151 (1 land) of the 151, PP No. 911, Nov. 30, 1934, the land No. 2 before the subdivision on November 30, 1934 (the land hereinafter referred to as the "land") of V No. 1,446 W road No. 2 (2) (the lot number is limited

D. The land category on July 10, 1920, immediately after the division, was changed to “road” and the land category on the same day was changed to “road” as the land was divided.

E. The land Nos. 1 and 2 was used as a road from the business day when the land category was changed to a road in 1920 to 1934 to the end of the pleadings of this case. The land No. 2 was designated as a national highway route of the second-class national highway by the Presidential Decree No. 2845 on December 27, 1966.

[Ground of recognition] Unsatisfy, Gap 1 to 3 evidence, each entry (including serial number) in Eul 1 to 8, the purport of the whole pleadings

2. The parties' assertion

A. All of the plaintiffs' arguments 1 and 2 are the plaintiffs' ownership. Since the defendant occupies and uses the above land without any legal ground, the amount equivalent to the rent in the answer or forest state before the land category of the above land is changed to the road shall be returned to the plaintiffs as unjust enrichment.

No. 1 land was transferred to Nonparty X.

Even if the plaintiffs are obligated to transfer ownership to X, the plaintiffs still have ownership rights.

B. On May 1, 1916, the Defendant’s assertion No. 1 land is the one of the assessment titles N, N, May 1, 1916.

arrow