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1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.
2.(a)
Reasons
1. Basic facts
A. On February 17, 2009, the Plaintiff completed the registration of ownership transfer with respect to 1,407 square meters (hereinafter “Plaintiff’s land”) prior to Yangju-si on the grounds of sale on December 19, 2008, and the Plaintiff’s land was owned by Gyeonggi-do prior to the Plaintiff’s ownership.
B. Defendant B completed the registration of ownership transfer on July 5, 2006, on the following grounds: (a) the building, such as a house, stable, warehouse, etc. (hereinafter “instant land and building”) in Yangju-si; (b) the building was registered on January 12, 2006 by inheritance by agreement division.
C. Defendant C completed the registration of ownership transfer on June 28, 2004 due to the sale on June 16, 2004, with respect to buildings, such as F. 1,498 square meters and their above-ground houses, etc. (hereinafter “instant two land and buildings”).
The Defendants used the portion of the attached Form No. 1, 19, 20, 21, 22, 23, 24, 25, 13, 14, 15, 26, 27, 28, 29, 30, 17, 18, and 13 square meters of the Plaintiff’s land and building owned by them for the purpose of passing through the G in Yang-si, a meritorious City, for the purpose of their own land and building to the G.
E. The rent of KRW 8,312,00 for the portion of the Plaintiff’s land from February 17, 2009 to November 9, 2017 is KRW 8,312,00, and the rent for 313 days from January 1, 2017 to November 9, 2017 is KRW 756,00.
[Ground of recognition] Unsatisfy, entry of Gap 1 to 3 evidence (including each number in the case with a serial number), appraiser H’s appraisal result, the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff acquired the ownership of the Plaintiff’s land, the Defendants asserted that the amount of rent for the said part of the Plaintiff’s land was unjust enrichment while passing through the part of the Plaintiff’s land from the G road in Yangju-si to the land and building traffic. As such, the Defendants are obligated to return it to the Plaintiff.
B. Of the Plaintiff’s alleged land, the part on the passage route among the Plaintiff’s land is free of charge before the Plaintiff acquires ownership.