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1. The Defendant paid KRW 3,448,00 to the Plaintiff KRW 5% per annum from June 15, 2013 to September 2, 2014.
Reasons
1. Facts of recognition;
A. On March 27, 1978, the Plaintiff purchased a large scale of 228 square meters in Gwanak-gu in Seoul Special Metropolitan City and completed the registration of ownership transfer on the 29th of the same month.
After that, on May 1, 1979, as the land was divided into B large scale 30 square meters from the land above, the land partitioned was changed into the road category.
(B) The land category B as above was changed (hereinafter “instant land”) and thereafter C was combined with D land.
As a series of housing site creation projects and land readjustment projects were implemented since the early 1970s in the vicinity of the land in this case, the land in this case was used for the passage of the surrounding residential land to the road in the improvement zone.
Since the late 1970s, the defendant has provided the roads in this case for the passage of the general public while packaging and managing them.
C. The amount equivalent to the rent for the instant land is KRW 691,00 from June 6, 2008 to June 5, 2009, KRW 641,000 from June 6, 2009 to June 5, 201, and KRW 680,000 from June 6, 200 to June 5, 201, and KRW 680,000 from June 6, 201 to June 5, 201, and KRW 688,000 from June 6, 201 to June 5, 2012; and KRW 748,00 from June 6, 201 to June 5, 2012; and KRW 748,00 from June 5, 2013 to June 5, 208; and
[Ground of Recognition] Facts without dispute, Gap evidence 1-1, 2, 2 through 5, Eul evidence 6-1 through 3, Eul evidence 1-8, 9, 10-1, 2, and 11-2, and 12-12, the video of Eul evidence 12, the appraisal result of appraiser E, the purport of the whole pleadings
2. The basic price of the land for calculating the amount of unjust enrichment equivalent to the rent for the land occupied and used by the State or a local government as a road by the State or a local government with respect to the cause of the claim, is the case where the State or a local government, previously established a road pursuant to the Road Act, etc. with respect to the land actually used for the traffic of the general public, occupies or performs necessary construction works as a road management authority, and is in possession of the road as a de facto