On January 2, 2014, the Plaintiff completed the registration of ownership transfer with respect to the area of 364 square meters prior to Seopo-si, Seopo-si.

On November 12, 2019, the Defendant divided the part of 246 square meters, which was occupied and managed as a road among the above land owned by the Plaintiff, into 246 square meters in Seopo-si, Seopo-si, and acquired a consultation on public land.

The defendant opened a road on the land of this case where he had owned his own land from 1931 to 1932 and occupied and managed it by offering it to the general public for traffic.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, Eul 1, 2, 3, 4, 5 (including each number), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, the defendant is obligated to return the amount equivalent to the rent for the land of this case to the plaintiff as unjust enrichment, barring special circumstances.

B. As to this, the Defendant asserted that the original owner, prior to acquiring the ownership of the instant land, provided part of the land as a road site without compensation, and renounced the exclusive right to use and benefit, and the Plaintiff also acquired the ownership by well aware of such fact, and thus, cannot file a claim for restitution of unjust enrichment.

Where a landowner provides his/her own land for public use, such as roads, etc., the following circumstances are comprehensively examined: (a) details and period of holding the land owner’s possession; (b) details and scale of providing the land for public use; (c) the interest or convenience of the owner; (d) the location or form of the relevant part of the land; (e) the relationship with neighboring land; and (e) comparative balancing between the ownership guarantee of the landowner and the public interest. If the owner’s exclusive and exclusive right to use and benefit from the land is deemed to have been waived, a third party (including the private person and the State and local governments may also correspond thereto; hereinafter the same shall apply).