1. The Defendant: (a) KRW 135,316 for each of the Plaintiffs, as well as 5% per annum from August 5, 2017 to September 13, 2018; and (b).

1. Facts of recognition;

A. According to the Forest Survey Report drawn up during the Japanese occupation occupation period, G, which is the fleet owner, is registered as the owner of the Plaintiff’s fleet G.

B. A part of the land partitioned from the instant assessment land was comprised of 92 square meters of the H road 992 square meters (hereinafter “instant land”), 1 380 square meters of land, and 202 square meters of land before J, Dong-si, Gyeonggi-do, through the procedures for the name, land category change, registration conversion, and area conversion.

C. On December 31, 1996, the registration of ownership preservation was completed in the name of the defendant on the instant land.

Since then, on December 18, 2015, K, the co-inheritors of G, in the lawsuit for cancellation of registration based on ownership, was sentenced to the judgment that "the defendant will cancel registration of preservation of ownership in the name of the defendant with respect to the land of this case to K" on December 18, 2015, which became final and conclusive on January 6, 2016.

(Seoul Central District Court 2014dan536917, hereinafter “previous Lawsuit”). In the previous suit, the Defendant asserted the acquisition by prescription of the registry on the land of this case, but it is difficult to recognize the possession independently.

On May 29, 2017, the registration of ownership preservation was completed in the name of the Plaintiffs, co-inheritors, by agreement on the division of inherited property on the instant land.

The Defendant incorporated the instant land into L Corporation section in 1993.

From October 1, 2012 to June 22, 2018, the rent for the part occupied by the Defendant as a road among the instant land is equivalent to KRW 676,580.

[Evidence Evidence] Uncontentious Facts, Gap 1 through 7, the purport of the whole pleadings

2. Determination

A. According to the above recognition of unjust enrichment, barring any special circumstance, the defendant is obligated to pay the plaintiffs with unjust enrichment of 135,316 won (67,580 won/5) and damages for delay.

B. From December 1, 1938, the Defendant asserted that the prescriptive acquisition period has expired by occupying the instant portion of the land as a road site in peace and public performance with the intention of ownership from December 1, 1938 to the present.