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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On December 16, 1969, F, the Plaintiff’s mother, completed the registration of ownership transfer based on sale with respect to B road B 99 square meters and C road 205 square meters (hereinafter “instant land”).
B. F was dead on December 26, 2012, and the Plaintiff completed the registration of ownership transfer on July 29, 2013, which was based on inheritance due to a consultation division under its own name.
C. The Defendant occupies and uses the instant land as roads since December 1, 2008.
Around February 20, 2014, G and H, who are other co-inheritors of the network F, transferred to the Plaintiff a claim for return of unjust enrichment against the Defendant of F, and around February 21, 2014, notified the Defendant of the said assignment of claim.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including numbers), the result of on-site inspection by the court of the first instance, the result of fact inquiry by the court of the first instance on the Jeju market, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that the Defendant without any title occupies the instant land and uses it as a road, and thus, the Plaintiff is obligated to pay unjust enrichment equivalent to the rent. The Plaintiff sought unjust enrichment equivalent to the rent from December 4, 2008.
In this regard, the defendant asserts that the plaintiff cannot file a claim for return of unjust enrichment since the plaintiff renounced the exclusive right to use and benefit from the land of this case and granted the right to free access to the general public.
B. Since the exclusive right to use and benefit from one thing is the core right to ownership, it is new that the owner renounces the right to use and benefit from the thing in the claim relationship with a third party or sets a limitation on the exercise of the right to use and benefit from it.