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1. The defendant is against the plaintiffs:
(a) KRW 450,650 for each of them and 5% per annum from November 9, 2016 to February 3, 2017;
Reasons
Basic Facts
A. On April 3, 1979, the network D completed the registration of initial ownership relating to 543 square meters (hereinafter “instant land”). On April 14, 2006, the Plaintiffs, E, and F, who are their children, succeeded to one-fourth shares, respectively.
B. The instant land is located on the mountain waterway, which is the official map established by the Defendant, and is used for the traffic of the general public until now since its packaging as a road.
[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 3 (including the provisional number), and the overall purport of the pleadings, as to the ground for a claim for return of unjust enrichment. According to the above acknowledged facts, the defendant provided the land of this case as a passage to the general public, acquired 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 plaintiffs, who are the owner of the land of this case, unless there is any assertion as to the possessor of the right of possession.
The defendant's assertion argues that the plaintiffs did not raise any objection despite being aware that the land of this case is used as the road site, and that no damage has occurred by giving up the plaintiffs' exclusive right 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 use in general public as it is transferred from the previous one to the site for a road, if the owner of the land grants the right to free passage to neighboring residents or the general public by providing the land as a road, or gives up exclusive and exclusive rights to use and benefit from the land, it shall be used as a road for the reasons why he owns the land, the period during which he owns the land, the reasons why he sells the remaining land in installments, and its scale, and its use as a road.