1. The defendant against the plaintiffs

(a) 5,270,580 won and 5% per annum from January 15, 2015 to November 30, 2015; and

1. Facts of recognition;

A. The Plaintiffs are co-owners who completed the registration of ownership transfer with respect to each one-third share of each of the instant lands on June 14, 2004.

B. Around March 1995, the Defendant determined urban planning of each of the instant land as a buffer green belt and actually occupied as a buffer green belt facility, etc.

C. Where each of the instant lands is used as “the answer” and where it is used as “the housing site”, each of the actual rent is as indicated in the attached Form “the rent for each period”.

[Ground of recognition] A without any dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including numbers), the result of the on-site verification by this court, the result of appraiser D's appraisal, the purport of the whole pleadings

2. As seen earlier, as seen above, the defendant takes profits by occupying each of the lands of this case without legal title, and thereby, the plaintiffs suffered losses equivalent to the same amount. Thus, the defendant is obligated to return the amount equivalent to the rent of each of the above lands to the plaintiffs as unjust enrichment.

With respect to the scope of return, the basic price of the land for calculating the amount of unjust enrichment to be returned to the owner of the land by a person who without title who occupies the land of another person without title shall be assessed on the basis of the actual conditions of use at the time the possessor starts possession (see, e.g., Supreme Court Decision 2005Da31736, May 12, 2006). Thus, there is no evidence to acknowledge that the present state of each of the above lands was a housing site at the time the defendant's possession of each of the above lands was commenced. Thus, the amount equivalent to the rent that the defendant must return to the plaintiffs based on the rent under the state

Therefore, the defendant's rights to local governments for the purpose of paying money to the plaintiffs and Articles 82 and 82 of the Local Finance Act (the extinctive prescription of monetary claims and debts) (1) are specifically provided for in other Acts.