부당이득금
The judgment of the first instance shall be revoked.
The plaintiff's claim is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
purport.
1. The court's explanation on this part of the basic facts is based on the reasoning of Paragraph 1 of the judgment of the court of first instance, and therefore cite it as it is by the main text of Article 420 of the Civil Procedure Act.
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion 1) The Defendant without authority installed and occupied the road and sewage pipes on the instant land owned by the Plaintiff without permission. As such, the Defendant is obligated to pay the Plaintiff the amount calculated by applying the rate of KRW 1,428,610 per annum from June 15, 2013 to November 8, 2019 (or the date of the Plaintiff’s ownership loss) and from November 9, 2019 to the expiration date of occupation of the instant land. (2) The Defendant’s land is actually used as a road, and is actually used as a package work by nearby residents, and the Defendant installed wastewater at the residents’ request, and thus, is not a possessor.
In addition, since the Plaintiff has accepted the restriction on use and profit-making as the original owner of the instant land who renounced the exclusive right to use and benefit therefrom, the Plaintiff did not have a duty to return unjust enrichment to the Defendant.
B. Determination 1) The form of occupying a road by the State or a local government can be divided into possession and possession as a de facto controller as a road management authority. Thus, if the existing road is determined by the Road Act, or a road zone is established by the implementation of an urban planning project under the Urban Planning Act, occupancy as a road management authority can be recognized starting from this time. Even if a road is not established by the Road Act, if the State or a local government performed the reconstruction or maintenance work of a road, such as expansion of the existing road, packing, or installation of sewerage system, and thus, the State or a local government implements the reconstruction or maintenance work of a road for public use.