1. The defendant shall be the plaintiff.

(a)payment of 17,129,421 won;

B. From November 16, 2017, the land indicated in the separate sheet.

1. Basic facts

A. On February 1, 1985, the land indicated in the attached list (hereinafter “instant land”) was divided from BJ 311 square meters in Seopo-si, Seopo-si, Seopo-si. On the same day, the land category of the instant land was changed from the site to the road.

B. As above, the Defendant occupied and used the instant land as a road since the land category was changed.

C. The Plaintiff purchased the above land B and the instant land on October 11, 1989, and completed the registration of ownership transfer on the 17th of the same month.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including additional evidence) and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition that the obligation to return unjust enrichment occurred, the Defendant: (a) obtained benefits by occupying and using the instant land through the method of providing it for the general public’s passage; and (b) thereby inflicted damage on the Plaintiff, the owner of the instant land; (c) accordingly, the Defendant asserted to the effect that “the instant land was provided without any restriction and was well managed in a peaceful manner so that the public can use it; (d) it cannot be deemed that the Plaintiff suffered losses; (e) however, the mere circumstance alone is difficult to deny the occurrence of losses against the Plaintiff); (e) barring any special circumstance, the Defendant is obligated to return unjust enrichment from the possession and use

B. The profit gained by occupying another person’s land in ordinary within the scope of return of unjust enrichment shall be the amount equivalent to the rent.

At this time, the basic price of the land to calculate unjust enrichment equivalent to the rent for the land occupied and used by the local government, etc. as a road shall be appraised according to the actual use situation at the time when the land is incorporated into the road, and the land is subject to restrictions on the exercise of private rights by being incorporated into the road site at the time the landowner acquires the land.