(영문) 서울중앙지방법원 2020.12.11 2019가단5099107

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(영문) 서울중앙지방법원 2020.12.11 2019가단5099107

부당이득금

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The land of this case is classified as a road at the time of construction of E, and is used as a site for E from the time of completion of construction around 1970 to the present day.

B. As to the portion of the instant land on January 25, 1968, the transfer registration for ownership was completed in F, and as to the portion of the instant land on September 11, 2000/4230, the transfer registration for ownership was completed in G, and as to the portion of the instant land on July 21, 1971, the transfer registration for ownership was completed in order for the 500/4230 shares (part of the F shares) among the instant land on September 4, 2006, and as to the ownership transfer registration for 730/4230 (G shares), from the instant land on October 15, 1986, the transfer registration for ownership was completed in order due to sale on September 11, 2006 as to the instant land on September 4, 2006.

(C) On February 23, 1991, F died on February 23, 1991 (the spouse K has died on August 18, 2007), the Plaintiffs and L, M, and N jointly inherited the net F’s property. Meanwhile, on September 11, 201, the Defendant rendered a provisional disposition (the net F and H shares) as to the instant land, 350/4230 shares (the net F and H shares) of F, 50/4230 shares (the right to preserve ownership: the right to claim the transfer of ownership based on the prescriptive acquisition, the right to claim the transfer of ownership, the right to support the Suwon District Court 2014Kadan60981), and there is no ground for dispute as to the registration as to the purport of No. 350/4230 shares among the instant land.

2. Determination

A. According to the facts of recognition prior to the determination of the cause of claim, the Defendant, the occupant of the instant land, is obligated to return unjust enrichment equivalent to the rent from possession and use to the Plaintiffs, the co-owner of the instant land, unless there are special circumstances.

B. The Defendant’s defense land of this case by the first instance judgment on the Defendant’s defense is E. with other adjacent land.

유사 판례

-서울중앙지방법원 2016.07.13 2014가합566321

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-수원지방법원평택지원 2013.03.22 2012가단8210

-부산고등법원(창원) 2016.12.21 2014나3422

-부산지방법원 2020.11.13 2019나50649