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(영문) 부산지방법원 2016.09.30 2015가단235205
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 3:

The registration conversion was made on February 7, 1985 at H 55 square meters of land in Busan-gu Busan-gu G road (hereinafter “instant land”) was owned by I.

B. As I died on May 26, 1993, the Plaintiffs (However, Plaintiff D, E, and F are the successors of I, who died on March 4, 2010) who were their successors have completed the registration of transfer of ownership (Plaintiff A21/63 shares, Plaintiff B, and C14/63 shares, Plaintiff D6/63 shares, Plaintiff E, and F shares, respectively) due to inheritance on the instant land on October 7, 2015.

C. Meanwhile, the instant land is currently used as the passage of the general public under the Defendant’s possession.

2. The parties' assertion and judgment

A. The plaintiffs asserted that the defendant, at the latest from the time of the above registration conversion, occupied the land of this case without any title and offered it as a passage to the general public, thereby gaining profits equivalent to the rent and causing damages equivalent to the same amount to the plaintiffs. Thus, the defendant asserts that the defendant has a duty to return unjust enrichment in the past and future rent (the rent assessed in the state before the land category is changed to the road, the rent assessed in the state before the change to the road, and the rent assessed in the preliminary land category as the road) from five years prior to the date of the lawsuit of this case until five years prior to the date of occupation of the defendant or the date of loss of the plaintiffs' right to own ownership of the land of this case. 2) Accordingly, the defendant waived his exclusive right to use and benefit from this case by offering the land of this case to the general public prior to the occupation of the defendant, and the plaintiffs who are their successors have succeeded to the burden of waiver of the right to use the land of this case as they are due to the possession of the land of this case.

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