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(영문) 수원지방법원 2021.01.13 2019가단550353
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. All the costs of lawsuit are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff, A and B, on June 30, 200, owned M with respect to the transfer of ownership (A), 58/1,135 shares of the above land (B), 57/1,135 shares (B), respectively, on June 26, 2000.

After that, on January 24, 2013, five square meters of the above land was divided into N, and there was 1,130 square meters of Lansi-si Lando-si Lando-si (hereinafter “the instant land”).

B. On July 27, 2018, Plaintiff B registered the transfer of ownership (the ground for gift on July 10, 2018) with respect to the respective shares (C), 3/130 shares (D), among the shares in the instant land, to Plaintiff C and I, the husband of Plaintiff C, and I, who is the husband of Plaintiff D, for the transfer of ownership (the ground for gift on July 10, 2018).

Accordingly, the land of this case became co-owned by the plaintiffs.

(c)

The instant land leads to a contribution as the inside of a detached housing complex (10 parcels). The Defendants and the succeeding intervenors own each of the land attached to the instant land, namely, the land-related land-related O (Defendant E or the succeeding intervenors), P (Defendant F), Q (Defendant G), R (Defendant H), S (Defendant I), and T (Defendant J).

In order to enter public roads from the Defendants’ land, the instant land shall be used.

[Evidence: Evidence Nos. 1, 2, 3, and 4 (including branch numbers), and the purport before oral argument]

2. The parties' assertion

A. The Plaintiff’s assertion is owned by the Plaintiffs, and the Defendants and successors are using the instant land as access to their own land without any authority, and thus, there is a duty to return unjust profit equivalent to the rent for the land.

Therefore, the Defendants and the successors are jointly and severally liable to return to the Plaintiffs unfair benefits equivalent to the fees, such as the statement of the purport of the claim from 10 years before the filing date of the instant lawsuit to the completion date of the delivery of the instant land.

B. The defendants and the succeeding intervenors did not have exclusive and exclusive rights to use and benefit from the land of this case, and the defendants and the succeeding intervenors have no right to use and benefit from the land of this case.

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