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1. The defendant
(a) KRW 25,98,31 and interest thereon shall be 15% per annum from April 15, 2016 to the date of complete payment.
Reasons
1. Basic facts
A. On March 7, 1959, the Plaintiff completed the registration of ownership transfer on March 17, 1964 on the real estate listed in the separate sheet (hereinafter “instant land”) that was owned by the Plaintiff’s Plaintiff’s attached B (hereinafter “instant land”).
B. According to the land cadastre statement as to the instant land, around February 25, 1943 (based on the evidence No. 2-1, No. 2-2, indicated on February 25, 194), the land category was changed from “B” to “road” from “B” to “road. According to the records in the certified copy of the register, the land category was changed from “B” to “road” on June 21, 2010.
C. Around 1990, the Defendant executed a construction work to pack the instant land, and has used it as a road until now.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the facts of recognition of the obligation to return unjust enrichment, the Defendant occupied and used the instant land as a road.
Therefore, the defendant is obligated to return to the plaintiff unjust enrichment equivalent to the rent for the use of the land of this case.
The defendant asserts that the acquisition by prescription of possession has been completed, since the defendant has occupied the land of this case as a road for not less than 20 years by packaging it as a road.
However, in light of the circumstances acknowledged by the respective descriptions of evidence Nos. 1, 2, and 7 through 13 and the purport of the entire pleadings, the cadastral record of the instant land remains unchanged, and there is no indication of the cause of acquisition by the State, etc., and there is no evidence to confirm that the State or the Defendant, etc., who is the possessor, began possession based on legitimate cause of acquisition, and the road management authority, including the Defendant, acquired ownership from the previous land owner with respect to other land being used as a neighboring road along with the instant land. Thus, the Defendant lawful procedure for acquiring the instant land.