beta
Text
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. A and Plaintiff D are E’s children, and F is the E’s spouse, and due to the inheritance by agreement and division as of January 18, 1965, as to each land listed in the separate sheet owned by the network E (hereinafter “instant land”), A’s 3/6 shares, Plaintiff D’s 2/6 shares, and F’s 1/6 shares, respectively.
Since then, F died on September 18, 1981, and A and Plaintiff D inherited shares of the instant land owned by the deceased F according to the statutory inheritance ratio, and A and Plaintiff D owned 7/12 shares of the instant land, and Plaintiff D owned 5/12 shares of the instant land.
B. Meanwhile, Gangnam-gu Seoul Metropolitan Government constructed a road on the instant land around January 12, 1981, and the defendant succeeded to Gangnam-gu Seoul Metropolitan Government and occupies and manages the instant land as a road until now.
C. On November 5, 2009, A and Plaintiff D filed a lawsuit against the Defendant on November 5, 2009 against the Seoul Central District Court 2009Da42499 against the Defendant seeking the return of unjust enrichment equivalent to the amount of rent for using the instant land without title.
After the reversal and return of the above lawsuit, the second instance court (Seoul High Court 2012Na39143) declared a judgment accepting the entire claim of A and Plaintiff D on September 27, 2012. The defendant appealed, but Supreme Court Decision 2012Da105024 Decided February 20, 2013 became final and conclusive on September 20, 2013.
(hereinafter “instant prior suit”). D.
From January 1, 2010 to the date on which the Defendant’s possession of each of the instant lands is terminated due to the closure of the road or the date on which A loses its ownership, the part ordering the Defendant to pay the fixed amount of money shall be paid at the rate of KRW 18,691,377 per annum from January 1, 2010 to the date on which the Defendant’s possession of each of the instant lands is terminated due to the closure of the road or until the date on which Plaintiff D loses its ownership.
E. Meanwhile, on the other hand.