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(영문) 서울중앙지방법원 2017.08.10 2016가단5164857
부당이득금
Text

1. The plaintiff (Counterclaim defendant) is entitled to share 11/48 out of each land listed in the separate sheet to the defendant (Counterclaim plaintiff) on the share of 11/48.

Reasons

1. Facts of recognition;

A. Each land listed in the separate sheet (hereinafter “each land of this case”) was incorporated into the “D Road Confirmation and Packing Corporation” zone executed by Gyeonggi-do around March 25, 1983.

On May 31, 1984, the land category of each of the instant lands was changed from forest land to road.

Around that time, roads were built and were incorporated into national highways E on July 1, 1996.

B. As to each of the instant lands on June 1, 1983, the registration of ownership transfer was completed in the name of G (3/12 shares), H (3/12 shares), the plaintiffs (2/12 shares) with the address of 202 Dong-dong, Gangnam-gu, Seoul on June 30, 1983 due to inheritance of property on June 1, 1983.

C. At the time of entry into the road in 1983, Gyeonggi-do, as the owner of each of the instant land, was as G and four persons (G, H, and the Plaintiffs). The following protocol of settlement of accounts was prepared.

The amount of the unit price of the assessment of the parcel number (united value) price (united value) price (united value) shall be 207,000,057,320 MN 368 (836305,405,405,420 MN 368,3629,630,63028,805,805,970 K L 27599 1,080,080 207,057,3207,320 MN 368,8305,409,63029,630,805,805,830,8305,830,8305,630,6305,805,8309,630,639,630,630,630,630

D. O, P, Q, R, S, and T land adjacent to each of the instant lands were assigned to the zone for the confirmation and packing of D Road, and both advance and balance were paid. The registration of ownership transfer was completed in the name of Gyeonggi-do around August 1984.

E. H died on October 6, 2007, and the Plaintiffs and G inherited H.

Each land of this case was owned by each of the plaintiffs 11/48 shares and G 15/48 shares.

[Evidence] Facts without dispute, Gap 1-6, Eul 1-13, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs seek unjust enrichment equivalent to usage fees by the Defendant arbitrarily using each of the instant lands as national highways E roads.

B. On February 25, 1985, the Defendant acquired each of the instant land by agreement, and the acquisition by prescription was completed on May 31, 2004 in preparatory case.

3. Determination.

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