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(영문) 서울남부지방법원 2019.05.08 2018가단221670
부당이득금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Each land listed in the separate sheet of the progress of the instant case is owned by H, the decedent of the Plaintiff and the designated parties, on September 28, 1964, and on April 22, 2017, H completed each registration of the transfer of ownership on inheritance, etc. and owned 11/60 of the Plaintiff, Selection A, D, and E, the designated parties G, and F each by 8/60.

Meanwhile, each rent for the land from May 7, 2013 to December 27, 2018 listed in the separate sheet is KRW 4.5 million, KRW 28,371,00, KRW 27,784,000, and annual rent is KRW 1,100,000, KRW 7 million, and KRW 6,85,000, respectively.

[Grounds for recognition] The plaintiff's assertion and judgment of the parties on July 10, 197 through March 25, 200, the plaintiff changed the land category of each land listed in the separate sheet between July 10, 1997 to "road" and continued to use it as a road and sought restitution of the amount equivalent to the rent. The defendant asserted that each land listed in the separate sheet is divided into H around 1973, and the defendant could not be deemed to have suffered unjust enrichment from the land that waived its exclusive use and right to benefit.

According to each entry in the evidence 1 to 3 (including each number), each entry in the separate sheet shall be made from July 25, 1973 for each land in the separate sheet.

8.9. In the process of dividing the Yeongdeungpo-gu I, Yeongdeungpo-gu, I 71 square meters (a approximately 2,544 square meters) owned by KH into multiple rectangular-type land and changing the land category of the divided land into the site, the land category of each divided land listed in the attached Table at the time of dividing the divided land into the site at H’s request. Each land listed in the attached Table is playing a role of linking H with the land divided into the land whose land category has been changed to the site, and each land listed in the attached Table has played a role of linking H with the public road by connecting the divided land into the land whose land category has been changed to the site. In the above land changed to the site after the above division, the land listed in the attached Table has been constructed, and the land listed in the attached Table has played a role as a back, and 50 years

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