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1. The Defendant’s KRW 6,690,496 as well as the Plaintiff’s KRW 5% per annum from February 23, 2017 to November 16, 2017.
Reasons
1. Facts of recognition;
A. On April 6, 2000, the Plaintiff completed the registration of ownership transfer on April 8, 2009 on each land listed in the separate sheet (hereinafter “instant land”).
B. The annexed list Nos. 1 through 3 was changed from November 1, 1940 to roads, while the annexed list Nos. 4 to roads was changed from November 1, 1940 to roads.
C. Attached Nos. 1 through 3 were located in the National Highway B, which was managed by Chungcheongnam-do, but the said land was included in the discontinued section of the National Highway B, and the road management authority changed the Defendant in Chungcheongnam-do on January 8, 2015.
Attached Form
The list No. 4 land is in C national highways, and is provided by the defendant for the passage of the general public.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 5, the result of this court's commission of surveying and appraisal to the official branch office of the Korea Land Information Corporation, the result of fact inquiry to the Chungcheong Do governor of this court, the purport of the whole pleadings
2. Return of unjust enrichment:
A. According to the above facts of recognition as to the cause of claim, the Defendant occupied and managed the instant land owned by the Plaintiff as a road site without any legal ground, barring any special circumstance, thereby gaining profit equivalent to the rent of the instant land and thereby incurring loss equivalent to the Plaintiff.
Therefore, the Defendant is obligated to return to the Plaintiff unjust enrichment equivalent to the rent from January 8, 2015, which was the first day of occupation for the land Nos. 1 through 3, and from December 1, 2010, which was sought by the Plaintiff after the first day of occupation for the land No. 4, to the last day of each Plaintiff’s loss of ownership or the occupation of the Defendant.
B. The Defendant, first of all, waived the Defendant’s claim, acquired the Plaintiff’s assistance or additional ownership after the land category was changed into a road as a result of the change of land category into a road.