부당이득금
1. The defendant shall be the plaintiff.
(a) 675,917 Won and its related 5% per annum from March 19, 2020 to June 4, 2020;
1. Basic facts
A. As to the land of this case 1 and 2, the Plaintiff completed the registration of ownership transfer based on the sale due to each voluntary auction under No. 95614, Oct. 22, 2015, which was received on October 22, 2015.
B. At present (1) parts and the land of this case 2 are currently being used as the roads packed in asphalt (hereinafter “instant roads”).
C. On the above roads, there are road reflectors and water supply holess and watersides, etc. managed by the defendant.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 4, the result of a request for surveying and appraisal to the Director of the Korea Land Information Corporation, the purport of the whole pleadings
2. Determination
(a) If the State or a local government, upon occurrence of the obligation to return unjust enrichment, occupies another’s land as a road without any lawful compensation procedure, such as the procedure for expropriation under the Road Act or the Urban Planning Act, and uses it as a road, the State or a local government, regardless of whether it is a road subject to the Road Act, etc., shall not be exempted from the obligation to return unjust enrichment
(See Supreme Court Decision 90Da5795 delivered on March 12, 1991, etc.). The form of occupation of a road by the State or a local government is divided into possession and possession as a de facto controller of a road management authority. Thus, the occupation of a road management authority can be recognized at this time when the existing road is determined by the Road Act, or when a road is constructed as a result of the implementation of an urban planning project under the Urban Planning Act. Even if there is no act of constructing a road pursuant to the Road Act, the State or a local government has performed the reconstruction or maintenance work of a road, such as expansion of existing roads, road packaging, or installation of sewerage system, thereby serving the general public for public traffic.