1. The defendant shall be the plaintiff.

(a) 2,202,425 won and the rate of 15% per annum from August 14, 2015 to the date of full payment.

1. Basic facts

A. B was assessed on May 23, 1913 on each of the lands listed in the separate sheet (hereinafter “instant land”).

B. B died on March 14, 1940, and on March 14, 1940, the co-inheritors, including the Plaintiff, agreed on the division of inherited property with the content of the Plaintiff’s sole inheritance of the instant land.

C. The Defendant has occupied and used the instant land as a road since June 22, 2014 to the present date.

[Ground of recognition] The entry of Gap evidence Nos. 1 through 7 and the purport of the whole pleadings

2. According to the facts of recognition as above, the Defendant is obligated to pay the Plaintiff the amount of unjust enrichment equivalent to the rent, barring special circumstances, since the Defendant, by occupying and using the instant land as a road, obtained a benefit equivalent to the rent, and thereby, incurred damages equivalent to the same amount to the Plaintiff, who is the owner.

3. Judgment on the defendant's assertion

A. The Defendant asserts that there was no obligation to return unjust enrichment since he/she occupied and acquired prescription for at least 20 years as he/she possessed the instant land in a peaceful manner with the intent to own it.

An occupant is presumed to possess an object by his/her own intent (Article 197(1) of the Civil Act). However, in cases where it is proved that an occupant occupied an object without permission, even though he/she is well aware of the absence of such legal requirements without the legal act or any other legal requirements that may cause the acquisition of ownership at the time of commencement of possession, such occupant does not have the intention to reject another’s ownership and to occupy it, and thus, the presumption of possession with autonomy under Article 197(1) of the Civil Act is broken.

A certain title to possess land, such as taking procedures for acquiring public property or obtaining the consent of its owners prescribed in the Local Finance Act or the State Property Act, such as the collection of contributions, etc. by the local governments or the State.