부당이득금반환
The Defendant, as the Plaintiff
(a) 1,411,312 won and the rate of 12% per annum from February 13, 2020 to the date of complete payment.
1. Facts of recognition;
A. The Plaintiff owned each real estate listed in the separate sheet from December 22, 2005 (hereinafter “each land of this case”).
B. The Defendant used each of the instant land as a road from around 1990.
[Ground of recognition] Unsatisfy, entry and video of Gap evidence 1 through 5 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to return the land of this case to the plaintiff, since he obtained a profit equivalent to the rent by using each of the land of this case as a road without any legal cause, and thereby caused a loss equivalent to the same amount to the plaintiff.
As to the scope of unjust enrichment to be returned by the Defendant, the Defendant is obligated to pay to the Plaintiff the amount of KRW 1,411,312 per annum from January 14, 2015 to January 13, 2020, and the amount of KRW 23,00 per month from January 14, 2020 to January 13, 2020, as the following day, there is no dispute between the parties. The Defendant is obligated to pay the Plaintiff the amount of KRW 1,411,312 from January 14, 2015 to January 13, 2020, calculated at the rate of KRW 12% per annum from February 13, 2020 to the day of complete payment of the instant complaint, and the amount of delay damages calculated at the rate of KRW 12% per annum from February 13, 2020 to January 13, 2020 each of the following day from January 14, 2020.
3. Judgment on the defendant's defense
A. The defendant asserts that since since around 1990, the land of this case was designated and used as a road, the acquisition by prescription for possession has expired.
A local government or the State shall not have a certain title to possess land for public purposes prescribed in the Local Finance Act, such as the collection of contributions, etc., or the State Property Act, or with the consent of its owners.