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(영문) 서울중앙지방법원 2015.03.20 2014가합10415
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) KRW 10,086,450 as well as 5% per annum from March 21, 2014 to March 20, 2015; and

Reasons

1. Occurrence of a claim for return of unjust enrichment;

A. Comprehensively taking account of the purport of Gap evidence No. 1 and Eul evidence No. 1 and the result of the survey and appraisal of the Korea Cadastral Survey Corporation, as to the cause of the claim, the plaintiff is the owner of each land listed in the separate sheet No. 1 (hereinafter referred to as "each land of this case"), and as to the land No. 1 of this case on March 12, 2004, on November 3, 2009, the registration of ownership preservation was completed as to the land No. 2 of this case on September 4, 2003 on the ground of inheritance by division. Since before May 1, 1979, the defendant used the separate sheet No. 223,24,18,19, and 27, the joint land No. 24 of this case on the separate sheet No. 1 of this case on the attached sheet No. 3 of this case and the joint land No. 24 of this case on the attached sheet No. 1 of this case on the same day (hereinafter referred to as "each land").

According to the above facts of recognition, the defendant provided the part occupied by the plaintiff Nos. 1 and 2 of this case as a road used for the passage of the general public, and occupied and used it as a road, thereby gaining profits equivalent to the rent, and thereby making the plaintiff suffer damages equivalent to the same amount without any legal grounds. Thus, the defendant is obligated to return the unjust enrichment from the possession and use of the part of the No. 1 and 2 of this case to the plaintiff,

The plaintiff asserts that since the remaining parts of the land Nos. 1 and 2, excluding the possessed portion of the case Nos. 1 and 2, and the land No. 3 of this case, use of the land of this case is impossible due to contact with the road, it shall also return unjust enrichment equivalent to the rent.

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