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1. The defendant shall be the plaintiff.
A. 144,800 won and 5% per annum from August 23, 2016 to October 13, 2016; and
Reasons
1. The facts subsequent to the fact of recognition do not clearly dispute between the parties or the plaintiff. A.
The Plaintiff is the owner of each of the above lands, the registration of ownership transfer of which was completed with respect to each of the lands listed in the separate sheet on April 22, 2005 (hereinafter collectively referred to as “each of the instant lands,” and the individual land is specified as parcel numbers).
B. Each of the instant lands was changed to the road category around 1967, and was used for the general public as part of the round-up secondary road managed by the Defendant from before the Plaintiff acquired the ownership until the closing date of the instant case.
2. Determination:
A. According to the above facts, the Defendant: (a) occupied each of the instant lands into a road, thereby gaining profits equivalent to the profits from the use of each of the instant lands without any legal ground; and (b) thereby causing damages equivalent to the same amount to the Plaintiff; (c) barring any special circumstance, the Defendant is obligated to return the amount equivalent to the above profits from the use of the said land to the Plaintiff; (d) as the Defendant provided each of the instant lands to the public for traffic without any restriction, it cannot be deemed that the Plaintiff suffered losses; and (b) there was no objection to the change of land classification into a road in 1967 and the use of each of the instant lands as a road; and (b) there was no objection to the fact that the Plaintiff consented to the use of each of the instant lands as a road or waived exclusive rights to use and benefit
However, since the Plaintiff’s ownership of each of the instant lands and the Plaintiff’s exclusive use of each of the instant lands itself constitutes the Plaintiff’s damage, the Defendant’s assertion 1 is without merit, and the Plaintiff consented to use each of the instant lands as a road solely
Since it cannot be deemed that the exclusive right to use or benefit from each of the above lands was waived, the defendant's note 2.