1. The defendant shall be the plaintiff.

A. 33,392,800 won and 15% per annum with respect thereto from September 2, 2016 to the date of complete payment.

Basic Facts

A. The Plaintiff completed the registration of transfer of ownership on January 25, 1973 with respect to B 58 square meters (hereinafter “instant one land”), C 360 square meters (hereinafter “instant two land”) and D 83 square meters (hereinafter “instant three land”) on the ground of sale on January 25, 1973.

B. The Defendant provided each of the above lands to the general public for traffic and passage, and occupied and managed them.

C. Meanwhile, on June 5, 1957, the land category of this case was changed ex officio from June 3, 1957 to a road. The land category of this case 2 was changed ex officio from June 3, 1957 to a road.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 through 4 (including the provisional number), and the purport of the entire pleadings, and the facts of recognition as above, the obligation to return unjust enrichment arising from the restoration of unjust enrichment arising out of the purport of the entire pleadings, the defendant provided each of the land of this case as a passage to the general public, acquired profits by occupying and using it, and thereby suffered losses to the plaintiff. Thus, the defendant is obliged to return unjust enrichment resulting from the use of the land of this case to the plaintiff, the owner of each of the land of this case,

The defendant asserted that the plaintiff did not raise any objection with knowledge that the land category of this case is changed to a road and is being used as a road site, and that the plaintiff did not waive the exclusive and exclusive rights to use and benefit from each of the land of this case.

In the event that any private land is, in fact, naturally created or transferred to be used as a road site and is actually being used as a road for public traffic, the owner of the land directly provides the land as a road and grants the neighboring residents or the general public the right to free traffic, or waives the exclusive and exclusive right to use the land.