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1. The defendant shall be the plaintiff.
(a) 18,320,989 won and the rate of 20% per annum from June 24, 2014 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On May 13, 197, the Plaintiff acquired ownership of Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government 148.7 square meters (hereinafter “instant land”).
B. On February 6, 1998, the Defendant acquired ownership of the land of Jongno-gu Seoul Metropolitan Government D road 1091m2 adjacent to the instant land on November 13, 2008, and thereafter occupied and used part of the said road by packaging the road on the part (A) and 3.2m2m2m2 of the instant land (hereinafter “the part of the instant land”) connected each point of the attached drawing indication 1, 2, 12, and 1 of the instant land from November 13, 2008.
[Ground of Recognition] A without dispute, entry of Gap evidence Nos. 1 through 3, the result of a request for surveying and appraisal to the Korea Cadastral Corporation by this court, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the facts of recognition as above, barring any special circumstance, the defendant, without any legal ground, gains profit from the possession and use of the part of the land in this case owned by the plaintiff, and thereby causes damage to the plaintiff. Thus, the defendant is obligated to return unjust enrichment to the plaintiff.
In regard to this, the defendant asserts that the part of the land in this case among the land in this case was not constructed or possessed as a road. Thus, the defendant's assertion is that the part of the land in this case among the land in this case is actually occupied as a person in charge of control, since the State or a local government did not perform the construction of a road under the Road Act, such as road packaging or the construction of sewerage on private land where it was not common use for the general public even though the construction of a road is not done by the State or a local government, and the land is in the form of a road, and if it is common use for the traffic of the general public, it shall be deemed that it is under the actual control of the State or a local government