부당이득금반환
1. The Defendant shall pay to the Plaintiff KRW 244,644 and the interest rate of KRW 15% per annum from November 17, 2015 to the date of full payment.
1.The following facts may be acknowledged, either in dispute between the parties or in combination with the entries in Gap evidence Nos. 1 and 5 (including paper numbers), the results of the verification by this court, the results of the request for surveying and appraisal to the offices of the Korea National Land Information Corporation for the overall purport of pleadings.
On October 1, 1991, the Plaintiff purchased from Asan-si D 192 square meters and B B 192 square meters in Asan-si, Asan-si, and completed the registration of transfer of ownership as the receipt of No. 23715 on October 15, 191.
On September 22, 2014, the Plaintiff merged D & 192 square meters into the Asan-si B’s land, and the area of the B’s land in the said Asan-si was 384 square meters after the land annexation.
(hereinafter referred to as the “instant land”), B, 384m2, Asan-si after the merger, B, 384m2
이 사건 토지 중 별지 감정도 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ, ㄱ의 각 점을 차례로 연결한 선내 ㈀ 부분 38㎡(이하, ‘이 사건 도로’라 한다)은 도로로 공중의 통행에 제공되어 있는데, 이 사건 도로는 이 사건 토지 중간 부분으로 이 사건 토지를 두 부분으로 나누고 있고 이 사건 토지 위쪽에 위치한 마을회관과 6~7 가구로 이루어진 촌락과 아랫마을을 연결하는 유일한 도로의 일부로 이용되고 있다.
Since the 1970s, the Defendant has occupied and managed the instant road as a de facto controlling entity, such as packaging the instant road and laying underground water supply pipes.
2. Determination
A. According to the facts of recognition as above, since the defendant occupies and uses the road of this case owned by the plaintiff without any legal ground, the defendant is obligated to return unjust enrichment equivalent to the rent due to such act to the plaintiff.
B. Whether the Defendant waivers the exclusive right to use the road of this case, the former owner C renounced the exclusive right to use and benefit from the road of this case, and the Plaintiff also knew such circumstance and knew it.