1. The defendant shall be the plaintiff.

(a) KRW 8,783,320 and interest rate of KRW 15% per annum from January 20, 2017 to the date of complete payment.

Basic Facts

A. On December 20, 1948, the land category was changed to a road on December 20, 1948. The Plaintiff purchased the instant land on September 15, 1961 and completed the registration of ownership transfer.

B. The instant land is located in C, the official map established by the Defendant, and is used for the traffic of the general public since its packaging.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1, 2, and 8 (including the provisional number), and the overall purport of the pleadings, the court below held that the cause of the claim for return of unjust enrichment occurred. The defendant provided the land of this case as a passage to the general public, obtained profits by occupying and using it, and suffered losses to the plaintiffs. Thus, the defendant is obligated to return unjust enrichment due to the possession and use of the land of this case to the plaintiff, the owner of the land of this case, unless there is a proof of assertion as to the source of right.

The defendant's assertion argues that the plaintiff did not raise any objection with knowledge that the land of this case was used as a road site, and that the plaintiff consented to the use of the land of this case as a road, and that no damage has occurred by waiver of the exclusive and exclusive rights to use and benefit from the land of this case.

In the event that a private land is naturally occurring or is actually used as a road for public traffic as it is classified into a road site, if the owner of the land grants the right to free access to the land to neighboring residents or the general public by providing it as a road, or gives up exclusive and exclusive rights to use the land, the developments leading up to the ownership of the land or the period of possession, and the details and period during which the land is sold in installments.