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1. The defendant shall be the plaintiff.
(a) 4,117,230 won and a rate of 12% per annum from October 31, 2019 to the date of complete payment.
Reasons
1. Basic facts
A. On September 16, 1938, the land of the case is divided from the land of the Gyeonggi-do, Goyang-gun, the mother land of the instant case (hereinafter “Mayang-gun land”) into 94 square meters in Goyang-gun, Seoyang-gu, Seoyang-gu, the Plaintiff owned on September 19, 1938. On September 19, 1938, the land category of the case was changed to the road, and the land of this case was changed to the address, thereby reaching the present.
B. At the time of division, the number of the land and the previous lot number land was adjacent to the road of H land in the Goyang-gun, Gyeonggi-do, which was used as the traffic of the general public. At the time of September 16, 1938, not only the instant land but also the surrounding I, J, K, L, M, N,O,O, and P were divided into the two lands in a lump sum, and the land category was changed on September 19, 1938.
C. The old land cadastre of the instant land contains “T residing in Q, R, and S” as its owner. According to the register of the instant land, Nonparty C, who resides in Goyang-gun, Gyeonggi-do, acquired ownership on July 25, 1962 due to sale and purchase. Nonparty U acquired ownership on July 10, 2018 due to a consultation and division, and the Plaintiff acquired ownership on February 18, 2019 due to donation.
The defendant has been occupying and using the land of this case as a road since before 1954.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings
2. Determination
A. According to the above facts of the judgment as to the cause of claim, the defendant has a duty to return unjust enrichment equivalent to the rent for the land of this case to the plaintiffs, unless there are special circumstances, since the defendant, without any legal grounds, obtained profit equivalent to the rent by occupying and using the land of this case owned by the plaintiffs, and thereby suffered loss equivalent to the same amount from the plaintiffs.
B. The first defendant's defense against the defendant is the gist of the defense.