beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. The following facts do not conflict between the parties or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence No. 1.
1) ① The registration of ownership transfer was completed on May 3, 1995 on the ground of the inheritance of the property by agreement division on May 29, 197 with respect to the property of the size of 73 square meters of B road in Kimhae-si, ② C road 106 square meters, and ③ D road 63 square meters on May 29, 197. ④ On the ground of the sale on October 7, 1970 with respect to E road 79 square meters, the Plaintiff’s future on April 3, 1995, ⑤ on the F road 53 square meters on the ground of the sale on March 10, 1971, and the Plaintiff’s future on April 4, 1995, 6 that G 89 square meters on the ground of the sale on March 8, 1973, each of the above land (hereinafter “each of the instant land”).
B. According to the above facts of recognition, the defendant occupies and uses each of the lands of this case owned by the plaintiff without any legal ground. Thus, the defendant is obligated to pay to the plaintiff unjust enrichment equivalent to the rent for each of the lands of this case, barring any special circumstance.
2. Judgment on the defendant's assertion
A. The defendant asserts that the former owner of each of the lands of this case renounced his exclusive right to use and benefit from each of the lands of this case, and the plaintiff knowingly acquired each of the lands of this case, so he cannot exercise his right to claim restitution of unjust enrichment.
(b) If any of the relevant legal principles in the determination 1 is previously established as a naturally occurring or proposed road site and is actually being used as a road for the public traffic of the general public, the owner of the land directly provides the land as a road and grants the neighboring residents or the general public the right to free traffic, or exclusive and exclusive rights to the land.