부당이득금
1. The Defendant shall pay 27,210,000 won to the Plaintiff and 20% per annum from February 28, 2015 to the day of full payment.
1. Basic facts
A. On November 5, 2010, the Defendant: (a) granted authorization for and publicly notified an implementation plan for urban planning facilities concerning “the construction of the Lao-dong Urban Planning Road”; and (b) completed the construction of the said road on August 21, 2012.
(hereinafter referred to as “instant road construction”). (b)
The land of this case was incorporated into the road according to the road construction of this case, and the land of this case was located in the general industrial area at the time of entry into the road.
C. On January 25, 2013, the Plaintiff completed the registration of ownership transfer on the instant land. The Defendant assessed the instant land as a factory site and paid compensation to the Plaintiff, and completed the registration of ownership transfer on July 28, 2014, based on the acquisition of a public site for consultation.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, 8, Eul's 3 and 4, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts of recognition of the defendant's liability for return of unjust enrichment, the defendant occupied the land of this case owned by the plaintiff without any authority, and thus, the defendant is obligated to return unjust enrichment to the plaintiff.
B. In the case of the Defendant’s unjust enrichment, the amount of profit from the possession and use of real estate is equivalent to the rent of the real estate. Meanwhile, the basic price of the land in order to calculate the amount of unjust enrichment equivalent to the rent of the land occupied and used by the State or a local government as a road, is limited to the condition of a road where the State or a local government, as a road management authority, constructs a road pursuant to the Road Act, etc. with respect to the land which was actually used by the public for the traffic of the general public, and occupies or occupies a road as a de facto controlling entity after it was occupied or actually required.