1. The defendant

(a) KRW 7,372,620 and interest rate of KRW 15% per annum from December 8, 2018 to the date of complete payment.

1. Facts of recognition;

A. On July 13, 1990, the Plaintiff completed the registration of ownership transfer with respect to the land of 314 square meters in Gwangju Northern-gu D (hereinafter “instant land before subdivision”).

B. On September 2014, the Plaintiff divided the instant land before the instant division into D 233 square meters (hereinafter “instant land after the division”) and C 81 square meters (hereinafter “instant land”) and sold land after the instant division to E Co., Ltd. at that time, and E Co., Ltd. newly built a building on the land after the instant division.

C. Meanwhile, the instant land was designated as an urban planning road (F) around July 1986 (see the attached land use plan confirmation) and around that time, the instant land was used as a general traffic route connected to a neighboring road for the general public, and the water supply and drainage officer is laid underground.

[Reasons for Recognition] Gap's evidence Nos. 1, 3, 4, 5, 6, Eul's evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Determination as to the cause of action

A. Generally, the establishment of the right to claim restitution of unjust enrichment can be divided into possession and possession as the de facto controlling body of the road management authority. Thus, if the existing road is determined by the Road Act, or the road zone is constructed by the implementation of the urban planning project under the Urban Planning Act, possession as the road management authority starting from the existing existing road can be recognized. Even if the road is not established by the Road Act, if the State or a local government actually performs the reconstruction or maintenance of the existing road, such as expansion of the existing road, road packing, or installation of sewerage system, and uses it for the general public’s traffic, it can be recognized that the existing road is under the de facto control of the State or the local government, and that the occupation as the de facto controlling body has commenced.

Supreme Court Decision 2001Da7090 Delivered on March 12, 2002