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1. The defendant,
A. Plaintiff A: (a) KRW 551,236, Plaintiff B, and C, respectively, KRW 367,490 and each of the said money on August 26, 2014.
Reasons
1. Basic facts
A. The deceased E acquired the ownership of the instant land on March 26, 1984, died on June 8, 2014, and the heir was the Plaintiff A, B, and C, who is the spouse of the deceased.
B. Plaintiff C inherited the instant land solely through a consultation on the division of inherited property, and completed the registration of ownership transfer on July 7, 2014.
C. The Defendant, while carrying out the F.F. Road Packing and Packing construction on 194, has incorporated the entire land of this case into the road so far, provided the general public for use by occupying it as the road.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant, by occupying and using the land of this case as a road, obtained benefits without any legal grounds and suffered damages from the network E and the plaintiff C, who is the owner of the land. Thus, the plaintiffs, the heir of the network E, and the plaintiff C, who solely inherited the above land, are obligated to return the amount equivalent to the rent as unjust enrichment.
B. In ordinary cases, the amount of profit from the possession and use of real estate is equivalent to the rent of such real estate. In order to calculate the amount of unjust enrichment equivalent to the rent for the land possessed and used by the State or a local government as a road, the basic price of land is to be determined from the previous time by the State or a local government through construction of a road under the Road Act, etc. for the land in which the State or a local government actually used for the traffic of the general public, and is in possession of a road, and then has the form of a road as a de facto controlling entity, it shall be appraised according to the limited condition as the road, i.e., the current condition as the road, if the State or a local government occupies the land which was previously occupied and used for the traffic of the general public.