부당이득금
1. The Defendant’s KRW 404,460 for each of the Plaintiffs, as well as 5% per annum from August 22, 2018 to January 8, 2019.
1. The fact that there is no dispute over the cause of the claim; Gap evidence Nos. 3 and Eul evidence Nos. 14; and the result of the appraisal commission with respect to Fmanwon Branch Co., Ltd. of this court, the defendant owns 1/5 shares of the plaintiffs; the defendant occupies the above land as part of the national highway H from October 25, 2007 to July 24, 2018; and the amount equivalent to the land of this case from October 25, 2007 to July 24, 2018 is recognized as 2,02,30 per annum; thus, the defendant paid 404,460 won to the plaintiffs by unjust enrichment from possession of the above land to July 24, 2018; the defendant paid 2002,202,300 won per annum from the day after July 25, 2007 to the day after July 208, 2018 to the day after the execution date of each claim.
2. Determination on the Defendant’s assertion of prescriptive acquisition
A. The parties' assertion (1) The defendant asserts that since the land of this case was incorporated into the road designated as the 44 line of the Gyeonggi-do Do Do Do Do Do Do 44 publicly announced by the Gyeonggi-do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do 1, December 1, 193 (1938), the land of this case was designated as the Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do
(2) The Plaintiffs do not have any evidence to prove that the instant land was incorporated into a local highway of Gyeonggi-do, and ② the Defendant was well aware that there was no legal act or other legal requirements that could cause the acquisition of ownership at the time of incorporation of the instant land into a national highway H road site.