A. Plaintiffs A, B, C, D, E, and F respectively, KRW 3,609,40 for each of them, KRW 1,546,880 for Plaintiff G, and KRW 1,031 for each of them.

A. On March 24, 1978, the Seoul Gwangjin-gu J-gu Seoul Special Metropolitan City (hereinafter “instant land”) divided from the “Seoul Gwangjin-gu K prior to K prior to March 1, 1995, the administrative district jurisdiction was changed on March 1, 1995, and the land category was changed to a road on December 17, 2004.

B. The instant land was transferred to L under the name of L for sale on March 18, 1948, and thereafter L died on June 26, 1991, and his inheritor succeeded to the instant land. As part of the co-inheritors, the Plaintiffs are the Plaintiff A, B, C, D, E, and F respectively, their share of inheritance is 14/119, Plaintiff G’s 6/119, Plaintiff H, and I, respectively.

C. The Defendant has installed a road package, a manle, a resident priority parking zone notice board, etc. on the instant land, and occupies it as part of the road site.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition that the obligation to return unjust enrichment occurred, the defendant, except in special circumstances, gains profit by occupying and using the land of this case owned by the plaintiffs as the road site without any legal ground, and thereby causes losses to the plaintiffs. Thus, the defendant is obligated to return unjust enrichment to the plaintiffs.

As to this, the defendant alleged that the land in this case was not the owner of the land in question since the defendant was not the owner of the land in this case as a project implementer. Thus, when the State or a local government actually required construction such as the road packaging or the installation of sewerage on the private land which was not used for the general public even though the construction of a road was not done under the Road Act, and the land was in the form of a road, and was used for the general public through the road, the land is in fact under the control of the State or a local government.