beta
Text
1. The defendant is against the plaintiffs:
(a) KRW 5,452,650 per annum from August 18, 2015 to December 9, 2015; and
Reasons
1. Basic facts
A. From March 9, 1978, the Seoul Special Metropolitan City, Nowon-gu, 25 square meters prior to C (hereinafter “instant land”; and the other land located in the same Dong shall be indicated only as a lot number) had been owned by D on March 9, 197, with respect to each 1/2 shares of the land, the transfer registration for ownership was completed on November 14, 201 in the future of the Plaintiffs on March 9, 201.
B. The instant land is used as E road.
C. The amount equivalent to the rent from August 1, 2010 to July 31, 2015 pertaining to the instant land is KRW 10,905,300 in total, and the amount equivalent to the monthly rent from August 1, 2015 is KRW 160,300 in total.
【Ground for Recognition: Facts without dispute, Gap 1-5 evidence, the result of the commission of appraisal of rent to appraiser F, the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant has occupied the land of this case as a road management agency, such as the public use of the land for the traffic of the general public, and the defendant has gained a profit equivalent to the rent for the land of this case, and thereby, as D's inheritor, suffered a loss equivalent to the same amount as the plaintiffs, who are the owners of the land of this case.
Therefore, barring special circumstances, the defendant is obligated to return unjust enrichment from August 1, 2010 as requested by the plaintiffs.
B. The Defendant’s assertion 1) The instant land has been utilized as a current state prior to the date of the neighboring housing site development, contributing to increasing the utility value of the partitioned neighboring land, and there is no objection or demand from the neighboring residents regarding the use of the instant land as a passage. As such, the Plaintiffs’ decedent D renounced exclusive and exclusive use of and right to benefit from the instant land. 2) The relevant legal doctrine is a road, which is, in fact, commonly used for the general public’s traffic, as it is transferred from the previous to the point of view or as a naturally occurring site.