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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On October 11, 1974, the deceased F purchased from G to H Large 179 square meters in Seoul Special Metropolitan City (hereinafter “the land before the instant subdivision”) and completed the registration of ownership transfer on October 15, 1975. The land before the instant subdivision was changed to the Yeongdeungpo-gu Seoul Metropolitan Government E large 179 square meters on October 1, 1975, and was divided into the instant land and I large 91 square meters on July 5, 1979.
B. The land before the division of this case had been used as a passage of neighboring residents since around 1974 after entering a house in the vicinity of this case.
Since then, the defendant occupies and manages the land of this case for the convenience of traffic of residents, such as packing construction of asphalt and installation of sewerage facilities on the land of this case.
C. The deceased on January 6, 199, and the deceased on January 6, 199, the deceased completed the registration of ownership transfer on November 15, 2017 due to inheritance by consultation or division with respect to the land of this case. On July 18, 2018, the deceased on the part of the deceased on July 18, 2018, the deceased on which the lawsuit of this case was pending, and the Plaintiffs, the inheritor, taken over the lawsuit of this
(A) Each entry and film of the Plaintiff B, the wife of the network A, and the respective inheritance shares of Plaintiff C and D, each of their children, 2/7). [Grounds for recognition] of absence of dispute, each entry and video of Party A, and the purport of the entire pleadings, each of the evidence of Nos. 1 through 7, 10 through 13 (including paper numbers, hereinafter the same shall apply).
2. According to the above facts finding as to the cause of the claim, the defendant is de facto controlling entity and uses the land of this case. Thus, the defendant is obligated to return unjust enrichment equivalent to the rent that the defendant gains from occupying and using the land of this case as a road without any legal cause to the plaintiffs, barring special circumstances.
3. Judgment on the defendant's defense
A. The defendant's defense is exclusive in relation to the land in this case by G by providing the land in this case as a passage way for the buyer in lots, in selling the land in installments, after it created J 1,376 in Seoul Special Metropolitan City, the J 1,376 (the maternity of the land before the division in this case) owned by G.