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1. The Defendant’s possession of KRW 11,472,00 and KRW 228 square meters on the Plaintiff’s roads from August 21, 2016 at racing-si.
Reasons
1. Basic facts
A. On May 22, 1959, the Plaintiff’s father C completed the registration of transfer of ownership on the ground of the completion of repayment on September 8, 1957 with respect to B 228 square meters of land (hereinafter “instant land”). On May 29, 2014, the Plaintiff completed the registration of transfer of ownership on the instant land on the ground of inheritance by consultation and division on December 18, 1981.
B. The Defendant, around 1957, incorporated the instant land into a road when executing D road works (hereinafter “instant road works”). Since the land category on the land cadastre was changed on December 20, 1958, the Defendant occupied and used the instant land as a road until then.
【Unsatisfyal grounds for recognition】Unsatisfy, Gap evidence 1 through 3, Eul evidence 2 through 10, the purport of the whole pleadings
2. According to the facts acknowledged prior to the determination of the cause of the claim, the Defendant is obligated to return to the Plaintiff the benefits of use from the possession and use of the instant land as unjust enrichment, barring any special circumstance.
Furthermore, with respect to the amount of unjust enrichment, profits from the occupation and use of ordinary real estate shall be the amount equivalent to the rent for that real estate. According to the evidence No. 8, the rent for the period from August 21, 2010 to August 20, 2016 of the instant land was 11,472,000, and the rent for the period from August 21, 2016 to August 20, 2017 was 175,000, respectively, and the monthly rent for the period from August 21, 2016 to August 20, 207 also was 175,00,000 won after August 21, 2017. Accordingly, the amount of unjust enrichment to be returned to the Plaintiff shall be 11,472,000 won, and 00,000 won from August 21, 2016 to May 17, 2016.
3. Judgment on the defense and the second defense
A. As to this, the Defendant, around 1957, incorporated the instant land into a site for road works of this case.