1. The defendant shall be the plaintiff.

(a) 1,735,840 won and 15% per annum from April 11, 2017 to the date of full payment.

Basic Facts

A. On August 5, 2016, the Plaintiff (hereinafter “instant real estate”) awarded a successful bid and completed the registration procedure for transfer of ownership.

B. The instant real estate has been provided to the general public for traffic and passage, and the Defendant occupied and managed it.

[Reasons for Recognition] Fact-finding, Gap's evidence Nos. 1 through 5, and the purport of the entire argument is to return unjust enrichment to the plaintiff's ownership, and since the defendant currently uses the real estate of this case as access roads, the defendant is obligated to deliver the real estate of this case to the plaintiff and return unjust enrichment by the date of delivery, barring any special circumstances. 2) The defendant's argument as to the defendant's assertion that since Eul, the former owner of this case, sold the real estate of this case and neighboring land as access roads to the land of this case while selling the real estate of this case, Eul, the former owner of this case, renounced the exclusive right to use the real estate of this case as access roads, the defendant did not have the obligation

In the event that a private land is naturally occurring or is actually used as a road for public traffic as it is classified into a prospective road site, if the owner of the land grants the right to free traffic to neighboring residents or the general public by providing the land as a road, or gives up exclusive and exclusive rights to use the land, the construction is conducted in such manner that he/she owns the land, the circumstances and scale of the sale of the remaining land in installments, the location and nature of the land to be used as the road, relationship with neighboring land, surrounding environment, etc., as well as the remaining land partitioned and sold.