1. The defendant shall be the plaintiff.

(a) KRW 2,836,925 as well as 5% per annum from June 9, 2016 to August 30, 2016;

1. Basic facts

A. On January 10, 1946, the E-ownership transfer registration was completed on January 23, 1946, for the 754 square meters (the administrative district was changed to Driri-ri-ri-si; hereinafter “instant land”) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, which was owned by C, for the gift on January 10, 1946.

B. Meanwhile, in the early 1940s, F reservoir facilities were built on the instant land, and the land category of the instant land was changed to its maintenance on November 25, 194, and the Defendant occupied and used the instant land as reservoir or road.

C. On September 25, 1950, E was succeeded to the instant land by the Plaintiff, who was an infant of E.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Eul evidence 5-1 and Eul evidence 5-2, the result of this court's commission of survey and appraisal to appraiser G, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay unjust enrichment equivalent to the rent due to the possession and use of the land in this case to the plaintiff, who is the owner of the land in this case, unless there are special circumstances that there is a right to possess the land in this case. 2) The defendant's claim as to the defendant's claim is that since the facility of F reservoir was constructed on the land in this case in the early 1940s under the supervision of the Joseon General Department, the defendant asserts that the compensation and the consent for use have already been consulted, and that the defendant acquired the ownership of the land in this case.

As seen earlier, the land category of the instant land was changed to the maintenance of the land category on November 25, 194, and according to the respective entries in Gap evidence Nos. 4 through 8 (including various numbers), the instant land is the embankment part of the reservoir, the area with reservoir water was H 2,519 square meters and 1,375 square meters for maintenance at Sinju City, and the said H land was the ownership transfer registration was completed in the Republic of Korea on December 10, 1991, on the ground of the reversion of rights on June 7, 1990.