부당이득금반환 등
1. The defendant shall be the plaintiff.
(a) KRW 21,098,970 and a rate of 12% per annum from March 7, 2020 to the date of complete payment.
Comprehensively taking account of the results of the appraisal commission to a real estate appraiser C without dispute and the purport of the entire pleadings, the real estate listed in the attached Form is owned by the plaintiff, and is currently used and managed by the defendant as the road, and the rent for each real estate from November 1, 2014 to October 31, 2019 is in total of 21,098,970 won, and the rent for each real estate is in total of 5,893,590 won (attached Form 1 real estate: 3,916,080 won, 32,235 won, 32,235 won, 491,100 won, 495,275 won, which is converted into monthly.
On the other hand, the defendant asserts that the period of prescription for possession has expired in good faith for a period of more than 46 years. However, this argument cannot be accepted because it is difficult for the State or a local government to use the real estate as a road without any compensation procedure to be incorporated into a road as an independent possession.
Therefore, the defendant shall pay to the plaintiff 21,098,970 won for the five-year rent from November 1, 2014 to October 31, 2019, and to the plaintiff 21,098,970 won for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 7, 2020 to the day of complete payment, which is the day following the delivery of a copy of the application for the alteration of the purport of the claim and the cause of the claim as of February 27, 2020, and shall pay the plaintiff 491,100 won per annum from November 1, 2019 to the day of the loss of the plaintiff's ownership or the defendant's closure of the road.