1. The defendant is against the plaintiffs:

가. 별지(청구취지) 기재 표 중 ㈐항 ‘과거 임료’ 기재 각 돈 및 이에...

1. Facts without dispute;

가. 원고들은 별지(토지의 표시) 기재 각 토지(이하 ‘이 사건 각 토지’라 한다) 중 726/5046 지분소유권자인 망 H(1987. 4. 22. 사망), 540/5046 지분소유권자인 망 I(2010. 6. 26. 사망)의 공동상속인으로 별지(청구취지) 기재 표 ㈏항 기재 공유지분권을 공동상속하였다.

B. Of each of the instant lands, ① the land was incorporated into the National Highway 38 line on December 27, 1966, and the route was abolished on June 24, 1981, and thereafter, the Defendant was assigned to the “J” and offered the land to the general public for traffic, ② the land was changed to the road around December 30, 1964, and ③ the land was changed to the road category due to the subdivision of the Saemaul Agricultural Road around December 10, 1972; ② the land was changed to the road category due to the subdivision of the Saemaul Agricultural Road; ② the land was transferred to the “J” and offered to the Defendant for traffic of the general public.

2. Occurrence and scope of return of unjust enrichment;

A. According to the above facts, since the Defendant occupies each of the instant lands as a de facto controlling entity with respect to each of the instant lands, it is obligated to return unjust enrichment acquired from the possession and use of each of the instant lands, calculated from April 1, 2010 to March 31, 2015, as the Plaintiffs seek, to the Plaintiffs, who are co-ownership holders of each of the instant lands.

B. The defendant's assertion on the waiver of exclusive right to use the land of this case is the road site naturally formed, and the remaining land does not raise any objection against the plaintiffs' exclusive right to use and use the land of this case for a period of not less than 40 years after incorporation. However, the plaintiffs have waived their exclusive right to use and use the land of this case. The circumstances alleged by the plaintiffs and the evidence submitted by the defendant alone are the roads where the land has naturally created.