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(영문) 부산지방법원 2015.07.24 2014가단70487
부당이득금반환
Text

1. The defendant 24,178,755 won, plaintiff B shop 18,450,621 won, plaintiff C, D, E, and F respectively, 3,460,99 won, plaintiff G, and the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiffs were attached before 2010

2. The ownership of each land indicated in the list of real estate (hereinafter “each land of this case”) is acquired in proportion to the following ratio of shares, and it has been owned from that time until the date of closing argument.

A B CD M E F G HH I J LK

B. Among each of the instant lands, the original land category was 258 square meters and P road 290 square meters (hereinafter “the instant Q Q land”) from among the instant lands, but was changed to a road on November 30, 194, and the Defendant was incorporated into the instant Q land as part of the site for a road (R) constructed around that time, and thereafter, it has been entering into the general public’s traffic until now.

C. Among each of the instant lands, the original land category was changed to a road on February 24, 1962, even though the land category was the same, among the instant lands, 60 square meters, 3 square meters, and 221 square meters for T-road roads in Busan Young-gu, Busan (hereinafter “instant V land”). The Defendant, around that time, incorporated the instant V land into a part of the road site while performing Worizontal Expansion Construction, and thereafter, had been placed on the passage of the general public.

[Ground of recognition] Facts without dispute, Gap 1 through 13, 15 through 17, and the purport of the whole pleadings

2. Return of unjust enrichment:

A. According to the above facts of recognition as to the cause of claim, the defendant, since each of the lands of this case was incorporated into the road, obtained profits by occupying and using the above lands, and caused damages to the plaintiffs, who are the right holders of equity interest, and barring special circumstances, is obligated to return unjust enrichment from the possession and use of each of the lands of this case to the plaintiffs.

B. The Defendant alleged that the Defendant acquired ownership by making a land compensation at the time of transfer of each of the instant land into the road, but the evidence of the Defendant’s submission alone is insufficient to acknowledge the fact, and there is no other evidence to acknowledge it.

Therefore, the defendant.

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