A. The Plaintiff completed the registration of ownership transfer on December 7, 1934 with respect to B road B (hereinafter “instant land”) on November 9, 1934, on the grounds of sale on November 9, 1934.

B. The land category of the instant case was originally “former,” but was actually used as a road, and the land category was changed by the Defendant on September 28, 1974 to “road.”

After that, the road including the instant land was designated as the State-funded local highway 57 on July 19, 196, and was changed to City/Do 44 on June 25, 2007.

Through the process, the defendant has occupied the land of this case by installing a road package and a sewerage system until now.

C. From March 5, 2011 to August 23, 2016, rent of the instant land is KRW 17,213,000 when the land category was premised on a road.

= 622,00 won for rent of 16,591,00 won from March 5, 201 to June 23, 2016, calculated by the ratio of KRW 311,000 for two months from June 24, 2016 to August 23, 2016, (i.e., monthly rent of 311,000 won x 2 months). [Grounds for recognition] There is no dispute; (ii) Evidence No. A; (iii) Evidence Nos. 1 through 4; (iv) Evidence Nos. 1 through 7 (including serial numbers); (v) the appraisal result of appraiser C; and (v) the purport of the entire pleadings.

2. According to the above facts of the judgment as to the plaintiff's cause of action, the plaintiff is the owner of the land of this case, and the defendant can confirm that he occupies the land of this case, so the defendant is obligated to pay the plaintiff unjust enrichment from the occupation of the land of this case.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 17,213,00,00 equivalent to the unjust enrichment during the period that the Plaintiff seeks (from March 5, 2011 to August 23, 2016) and the damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from August 30, 2016 to the date of full payment after serving the copy of the application for the modification of the claim and the cause of the claim in this case.

3. The defendant.