부당이득금
1. The defendant shall be the plaintiff.
(a) 380,900 won and 20% per annum from January 10, 2015 to the date of complete payment.
1. Facts of recognition;
A. On October 31, 2002, the Plaintiff completed the registration of ownership transfer based on donation in the name of the Plaintiff as to the real estate listed in the separate sheet (hereinafter “instant land”).
B. In carrying out the third ground development project in 2009, the Defendant, without the Plaintiff’s consent from February 23, 2009 to June 23, 2009, constructed concrete packaging (80 meters in length, 3.2 meters in width; hereinafter “instant road”) on the existing farm road leading to the Plaintiff’s land.
C. The road of this case is currently being used as entry roads and residential areas for the purpose of cultivating nearby farmland.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, 5, 6, 7 (including additional numbers), the purport of the whole pleadings
2. Determination:
A. The form of the State or a local government’s right to claim restitution of unjust enrichment can be divided into possession and de facto control as a road management authority.
In a case where a public announcement of road approval or a road zone is determined for the existing de facto road under the Road Act, or where a road zone is constructed by the implementation of an urban planning project under the Urban Planning Act, possession as a road management authority can be recognized from the beginning of that time. In a case where the State or a local government-invested organization implements the reconstruction or maintenance work of a road, such as expansion of a road, packing, or installation of sewerage system, and thus for public traffic, it shall be deemed that the road is under the de facto control of the State or a local government, and possession as a de facto controller can be recognized (see, e.g., Supreme Court Decision 2001Da70900, Mar. 12, 2002). Meanwhile, even in a case where a road which naturally occurred is not established by the Road Act, the State or a local government is in the form of a road by performing construction