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(영문) 서울동부지방법원 2016.09.01 2015가합104822
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On February 8, 2011, Plaintiff A completed the registration of ownership transfer on the ground of public sale on October 29, 201 with respect to the Gangdong-gu Seoul Metropolitan Government 291 square meters (hereinafter “1 land”). Plaintiff B completed the registration of ownership transfer on the ground of public sale on December 29, 2010, with respect to the Gangdong-gu Seoul Metropolitan Government D Road 11 square meters (hereinafter “2 land”) on December 23, 201, the registration of ownership transfer on the ground of public sale on November 26, 2010.

B. 1) Notification No. 3 of Seoul Special Metropolitan City on January 18, 1969 (hereinafter “Notification of this case”).

The section from Gangdong-gu Seoul E to F (the width of 6m, the extension of 324m) was determined as urban planning facilities (the road of category 3). The land of category 1 was included in the above section. 2) The section from Gangdong-gu Seoul to H (the width of 6m, the extension of 305m) was determined as urban planning facilities (the road of category 3) by the public notice of this case. The land of category 2 was included in the above section.

3) Each of the instant lands is currently being used as the passage of vehicles and pedestrians as a road on which asphalt is packed, and as regards the land 1, parking lines are colored, and utility poles are installed, and the land 2 is installed with a utility pole. [Grounds for Recognition] There is no dispute, Gap evidence 1, 5, and Eul evidence 5 (including each number; hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. Determination as to the plaintiffs' claims

A. The plaintiffs' assertion that the defendant without any title occupies and uses each of the lands of this case owned by the plaintiffs as roads. The defendant asserts that the defendant has a duty to return unjust enrichment equivalent to the rent due to the possession and use of each of the lands of this case to the plaintiffs.

B. Since the defendant denies the possession and use of each of the lands of this case, he shall first examine whether the defendant occupies and uses each of the lands of this case as roads.

The State or local governments possess roads.

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