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(영문) 부산지방법원 동부지원 2021.02.16 2020가단210961
부당이득금
Text

For the plaintiffs, the defendant

A. Of the records listed in attached Form 1, the money recorded in each of the relevant past records and related thereto shall be as follows.

Reasons

Facts of recognition

Before subdivision, Busan AD Daegu AD 76 square meters (hereinafter “the land before subdivision of this case”) owned a network AE (hereinafter “the Deceased”). Among them, the part divided into AC road 33 square meters (hereinafter “the land in this case”) was designated and publicly announced as a site for a road by the Ministry of Construction and Transportation on July 20, 1974. On March 24, 1982, the part was again designated and publicly announced as AG as a site for a road by Busan Special Metropolitan City and publicly notified as a site for a road.

On August 7, 1984, the Defendant completed road construction works on the instant land, etc. and provided them for the passage of residents and vehicles.

The instant land was divided into the land before the instant partition on October 13, 1984, and its category was changed to a road.

The rent from May 28, 2015 to May 27, 2020 is KRW 8,896,800 when considering the current status of the instant land as a road. Of them, the rent is KRW 2,204,400 from May 28, 2019 to May 27, 2020 ( KRW 183,700 per month).

On the other hand, the deceased died on February 10, 1973, and the ownership of the land of this case was inherited to the plaintiffs as shown in the title No. 2 attached hereto.

[Grounds for recognition] In light of the above facts, the defendant opened the land of this case as a road from August 7, 1984 to occupied and used it as a de facto controlling entity, according to the following facts: Gap 1-7 evidence (including the number of numbers; hereinafter the same shall apply), Eul 1, Eul 2, 3, and 6 evidence or the ground of claim for judgment as to the overall purport of the pleading or video.

Therefore, from August 7, 1984, the defendant obtained a profit equivalent to the rent for the land of this case from around August 7, 1984 without any legal cause, and thereby caused damages equivalent to the same amount to the plaintiffs who are its owners.

Therefore, the Defendant’s claim against the Plaintiffs, barring any special circumstance, shall be based on the instant land from May 27, 2020 to May 28, 2015, which was served on and after May 13, 2020 a copy of the instant complaint on and after the filing of the instant lawsuit, to the end of possession of the Defendant’s land from May 28, 2015 to the end of possession.

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