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1. The defendant,
A. From September 6, 2016 to November 15, 2016, Plaintiff A 188,380 won and its related amount are 5% per annum from September 6, 2016, and 5% per annum.
Reasons
1. Facts of recognition;
A. As to the Plaintiff’s 40 square meters and D road 69 square meters (hereinafter “instant land”), the Plaintiffs shared 1/4 shares in each of the Plaintiff’s 1/4 shares and 3/4 shares in each of the Plaintiff’s 3/4 shares.
B. The Defendant has occupied and used the instant land as a road from around 1973 to the present date.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including branch numbers, if any), the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts, the defendant is judged to have obtained profit equivalent to the rent by occupying and using the instant land as a road, and thereby caused damages equivalent to the same amount to the plaintiffs who are the owners. Thus, barring any special circumstance, the defendant is obligated to pay the plaintiff with unjust enrichment equivalent to the rent. 2) As to this, the defendant asserts that the plaintiffs did not raise any objection to the use of the instant land as a road until now, and that they agreed to the road packaging business by deeming that they did not have any objection to the use of the instant land as a road, and that the defendant occupied the instant land with legitimate title.
In the event that a private land is naturally created or is actually used as a road as a site for a road, and is classified into a natural development or a site for a road, if the owner of the land provides the land as a road and grants the right to free passage to the neighboring residents or the general public or gives up exclusive and exclusive rights to use and benefit from the land, the situation and scale of the land owned by him/her, the details and scale of the divided sale of the remaining land, the location or nature of the land used as the road, the relationship with other neighboring land, and the surrounding environment, etc., as well as the remaining after divided sale.