logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.06.04 2014나2039518
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On November 1, 1965, the network E (hereinafter “the network”) purchased the ownership of the F land (number before the change of administrative jurisdiction: G before the division; hereinafter “instant land”) from Seongdong-gu Seoul Metropolitan Government. On October 15, 1975, the said land was divided into approximately 29 pieces, including the land listed in the annexed sheet 1 (hereinafter “instant land”).

The location and shape of each divided land shall be as shown in the cadastral map in attached Form 3.

(hereinafter referred to as "I - I - I - I - (hereinafter referred to as ") of individual land among the divided lands.

From among the divided lands as above, the Deceased disposed of the remaining divided lands from May 23, 1975 to December 18, 1982, with the exception of the land AA and the instant land.

On the other hand, the deceased donated AA land on February 22, 1982 to the defendant.

C. The Deceased died on June 3, 1990, and the Plaintiffs, the inheritors of the Deceased, inherited each of the instant land 1/4 shares by agreement and division, and completed the registration of ownership transfer on each of their shares on May 22, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, Eul evidence 2 to 4, and the purport of the whole pleadings

2. The plaintiffs' assertion is obligated to pay to the plaintiffs, without any title, unjust enrichment of the rent-making party while occupying and using the instant land as a road without any title, and thereby causing damage to the plaintiffs, who are the owners of the instant land. As such, ① The plaintiffs are obligated to pay to the plaintiffs, ① the unjust enrichment of the instant land from June 17, 2008, which is equivalent to the rent of the instant land, from June 17, 2008, to April 30, 2014, respectively, from June 30, 2014, from the date of the instant lawsuit to April 30, 2014, and ② the amount of unjust enrichment of the instant land calculated at the rate of KRW 75,250 from May 1, 2014.

3. Determination

A. Whether the defendant occupies (1).

arrow