부당이득금
1.The judgment of the first instance shall be modified as follows:
The plaintiff (Counterclaim defendant) shall have jurisdiction over the defendant (Counterclaim plaintiff) at the time of Tong Young-si.
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. On June 11, 1914, the Plaintiff’s increased portion C was under the circumstance on the part of the Plaintiff on June 11, 1914. On September 13, 2007, the Plaintiff completed the registration of initial ownership in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate ( enacted by Act No. 7500 on May 26, 2005 and amended by Act No. 8080 on December 26, 2006).
B. On November 3, 1969, the land category of this case was changed to the road, and the defendant designated national highways D by Presidential Decree No. 5771 on August 31, 1971, and the land of this case is currently used as road sites in national highways D road zones.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, Eul evidence Nos. 1, 4 and 7, or the purport of the whole pleadings
2. According to the above facts of recognition as to the claim for main lawsuit, the defendant is obligated to return unjust enrichment from the possession and use of the land of this case to the plaintiff, unless there are special circumstances.
However, as examined in the determination on the counterclaim claim as follows, the Defendant can recognize the fact that the land of this case was acquired by prescription, and as above, the Plaintiff cannot seek a return of unjust enrichment due to the possession and use of each land of this case against the Defendant, who bears the obligation to implement the procedure of ownership transfer registration upon completion of acquisition by prescription. Thus, the Plaintiff’s claim on the principal claim
3. Judgment on the counterclaim
A. The Defendant’s assertion that the land category of the instant case was changed to a road on November 3, 1969, and was used as a road site for not less than 20 years by the airline photographs taken in 1972.
Since the acquisition by prescription on November 3, 1989, after 20 years from the time the land category of the Defendant changed to a road was completed, the Defendant is obligated to implement the registration procedure for ownership transfer of the instant land to the Plaintiff.
B. Determination 1-related legal real estate.