1. The defendant shall be the plaintiff.

(a) KRW 5,03,840, as well as 5% per annum from September 1, 2015 to September 16, 2015;

1. Facts of recognition;

A. On June 20, 1973, the Plaintiff acquired the ownership of C forest land of 595 square meters in Ansan-si, and the said forest was divided into C forest land of 239 square meters and B forest land of 356 square meters in Ansan-si on April 6, 2015 (hereinafter “instant land”).

B. As to the instant land, around September 29, 2003, the road (al.e., 387 lines of local highways, and 325 lines of local highways around October 2004) was established. The Defendant offered it for the passage of the general public from that time until that time.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 4, Eul evidence 1 (including each number), the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, the defendant occupied the land of this case owned by the plaintiff as a road, thereby gaining profits without any legal ground and causing damage to the plaintiff. Thus, barring any special circumstance, the defendant is obligated to return the profits accrued therefrom to the plaintiff.

In light of the fact that the Plaintiff did not make any effort at the time when the land of this case was determined as a road zone and was excluded from the object of compensation, the Defendant defense to the effect that the Plaintiff renounced the exclusive right to use and benefit from the land of this case. However, the above circumstance alone does not lead to the Plaintiff’s waiver of the exclusive right to use and benefit from the land of this case. Thus, the Defendant’

B. Furthermore, as to the scope of unjust enrichment to be returned by the Defendant, barring any special circumstance, benefits from occupying another’s land is equivalent to the rent. According to the appraiser D’s appraisal result, when based on the forest land, which is the land category at the time the pertinent land was incorporated into a road, the rent amounting to the sum of 5,03,840 from August 20, 2010 to August 19, 2015 is recognized, and the rent at the time of August 20, 2015 is deemed to constitute KRW 90,780, and thereafter, the rent at the time of August 20, 2015 is deemed to constitute KRW 90,780.