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(영문) 인천지방법원 2016.08.10 2016가단782
부당이득금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. The plaintiff (Appointed Party) and the designated parties (hereinafter "the plaintiff et al.") are the owners of the land indicated in the attached Table 1. Since the defendants are the owners of the real estate listed in the attached Tables 2 and 3 and use the land indicated in the attached Table 1 adjacent as the owner of the real estate listed in the attached Table 2 and 3 without permission, the defendants are obligated to return to the plaintiff et al. the unjust enrichment equivalent to the rent arising from the use of the land from November 19, 2005 to the date of loss of ownership of

2. Facts of recognition;

A. On March 13, 1984, G Dae-gu Incheon Metropolitan City 582.5 square meters: ① G 214.2 square meters; ② H 159.2 square meters (the land indicated in the attached Table 2 owned by Defendant B); ③ I large 141.3 square meters (the land indicated in the attached Table 3 owned by Defendant C); ④ J large 67.8 square meters (the land category was changed to “road” on August 12, 2008; the land indicated in the attached Table 1 list); and the land owned by the Plaintiff (Appointed Party) on March 20, 1984, the land was partitioned into the co-owned co-owned property portion on March 20, 198 (the land indicated in the attached Table 1 list) with the land of the inheritee, D, E, E, and 4 land.

B. The Selection D, K, the Selection E, and F were divided into the above jointly owned properties, and each one (1), (2), (3) the land was newly constructed, and (4) the land was used as a passage, and (3) the land is the land is the only passing.

C. On August 16, 1985, Selection E transferred land and its ground to Defendant B. The Selection F transferred land and its ground to L on June 5, 1985. The land and its ground were finally transferred to Defendant C.

[Based on the recognition, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3 (including each number), Gap evidence Nos. 4 video, the purport of the whole pleadings.

3. According to the facts of the above recognition, the designated parties and the plaintiff (appointed parties) Byung shared the land of 582.5 square meters in Nam-gu, Incheon Metropolitan City, and constructed housing on each party's own land by dividing it, and the land was owned as ④ to use the divided land as a passage for each divided land. In particular, the land is jointly owned.

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