Text
1. The defendant,
A. 15,527,570 won and the interest rate of 15% per annum from February 21, 2018 to the date of full payment to Plaintiff A.
Reasons
1. Basic facts
A. C was the owner of each land listed in the separate sheet (hereinafter referred to as “the instant O land” in accordance with the separate sheet, and where each land listed in the separate sheet is in total, the ownership transfer registration for the instant land 1 and 2 was completed on January 18, 2016 with respect to the Plaintiff A on January 13, 2016, and on March 15, 2017, the Plaintiff completed the registration of ownership transfer for the instant land 3 on March 10, 2017.
B. On August 28, 1981, the land of this case was divided into 367 square meters of D Forest and 367 square meters, and the land category was changed from September 15, 1981 to a forest and field. The land of this case was divided into 943 square meters before E on July 5, 194, and the land category was changed from August 1, 194 to a road. The land of this case 3 was divided from 461 square meters before Jeju on July 5, 194 to 461 square meters, and the land category was changed from the previous land category to a road on August 1, 194.
C. From the time of the above land category change to the present day, the Defendant occupied and managed each of the instant land by providing general public with traffic and passage.
On the other hand, on January 29, 2018, in the proceeding of the instant lawsuit, C transferred to Plaintiff A a claim for return of unjust enrichment equivalent to the rent prior to the date of the registration of transfer of each ownership in the name of the Plaintiffs against the Defendant with respect to the land of this case in relation to the land of this case. The duplicate of the claim of this case and the application for change of the cause of claim, stating that the Plaintiffs are delegated with the authority to notify the assignment of the said claim by C, and notify the Defendant of the assignment of the said claim, were served on the Defendant on February 20, 2018.
[Ground of recognition] Unsatisfy, each entry in Gap evidence 1 through 9 (including each number), records obvious, the purport of the whole pleadings
2. Return of unjust enrichment:
A. According to the above facts of recognition as to the cause of the claim, the Defendant’s land of this case is general public.