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(영문) 서울중앙지방법원 2016.12.15 2015가단5397339
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts - The owner of the land before the Seoul Special Metropolitan City E-2,364 (hereinafter “the land before the division”) filed an application for the division of the land before the division into E and G to H 23 lots on September 22, 1967 in order to develop the housing site for the land before the division. The land category before the division was also changed from “B” to “B”.

- Accordingly, the land before the partition was divided into 23 lots, and the land category was changed from before to the site.

The F sold or sold the divided land to another housing site.

- On September 23, 1967, I purchased D 160 square meters [529 square meters (the unit conversion shall be made on November 30, 197; hereinafter “instant land”) and J 105 square meters divided from F on the land before the instant partition.

After that, on November 10, 1969, I sold to K the above JJ 105 square meters.

- The instant land was used as a passage for access to 21 parcels, which was divided from the land prior to the instant partition, for the land divided from the land prior to the instant partition.

- The land category of this case was changed on October 7, 1981 to the road.

- I died on February 10, 201, and the Plaintiffs, their children, inherited each of the instant land through the agreement on the division of inherited property.

- At present, the land in this case is the asphalt package and the tea color, and is used as the passage of neighboring residents.

[Reasons for Recognition] Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including each number), the purport of the whole pleadings

2. The parties' assertion [Plaintiffs] ownership of the land of this case, and the defendant occupied and used the land of this case without any legal cause. Thus, the defendant is obligated to refund the amount equivalent to the rent to the plaintiffs as unjust enrichment.

[] The defendant does not occupy and use the land of this case, and even if it is recognized that he occupies and uses the land of this case as a road, he shall be the former owner of the land of this case before the partition.

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