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1. The plaintiff's appeal is dismissed.
2. Disposition of the first instance judgment No. 1-B
(b) the date on which the possession of the defendant was completed; or
Reasons
1. Basic facts
A. The Plaintiff completed the registration of ownership transfer on January 13, 2012 on the ground of inheritance due to the agreement and division as of February 10, 1974 with respect to the land of this case, Kimpo-si B, Kimpo-si (hereinafter “instant land”).
B. In the 1970s, the Defendant performed the road packaging construction on the instant land, offered it from that time to that time for the passage of the general public, and managed it as a road.
Facts that there is no dispute over the second page of the briefs dated October 18, 2019 (based on recognition), the entries in Gap evidence 2, 6, and 8, and the purport of the whole pleadings.
2. Determination
A. According to the above facts, the Defendant had occupied and used the instant land as a road without legitimate authority before April 1, 2018, for which the Plaintiff sought the return of unjust enrichment. As such, the Defendant is obligated to return unjust enrichment equivalent to the rent arising therefrom to the Plaintiff. (2) As the instant land was used as a road since 1924, and the Plaintiff acquired the instant land even with knowledge that there was a restriction on the use of unjust enrichment, the Defendant asserted that the Plaintiff renounced the exclusive and exclusive use of and benefit from the land. However, it is insufficient to acknowledge it only by the evidence submitted by the Defendant, and there is no other evidence to acknowledge it. Therefore, the Defendant’s assertion is without merit.
B. In order to calculate the amount of unjust enrichment equivalent to the rent for the land occupied and used by the State or a local government as a road, the basic price of the land for which the State or a local government previously occupied or used as a road by the road management authority after constructing a road under the Road Act, etc. with respect to the land for which the State or a local government actually used for the traffic of the general public, shall be assessed according to the condition limited to the road, i.e., the current state of which is the road, in cases where the State or a local government occupies or occupies a road by constructing a road