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1. The Defendant’s KRW 1,346,026 as well as the Plaintiff’s KRW 5% per annum from December 28, 2016 to October 27, 2017.
Reasons
1. Basic facts
A. The Plaintiff is the owner of B forest land B 8,618 square meters in Nam-si, Namyang-si, and the acquisition date of ownership is September 8, 1970 (as to shares 1,305/5,217), November 30, 197 (as to shares 2,607/5,217), and January 17, 1991 (as to shares 1,305/5,217).
B. Of the above land B, the portion of “bb” portion on the ship connecting each point of 28, 33 through 44, 14, 15, 45 through 52, 26, 27, and 28, among the above land, is used as a asphalt package.
C. From December 1, 2011 to November 30, 2012, rent of 463 square meters is KRW 240,000 in the case of the foregoing B’s land, and KRW 276,00 in the case of December 1, 201 to November 30, 201, and KRW 276,00 in the case of December 1, 201 to November 30, 2013, and KRW 276,00 in the case of December 1, 2013 to November 30, 2014; KRW 264,000 in the case of December 1, 2014 to November 30, 2015; KRW 264,00 in the case of KRW 8,00 in the case of KRW 10,000 in the case of the same from December 1, 201 to December 30, 2016.
[Ground of recognition] The fact that there is no dispute, Gap evidence No. 1, the result of each appraisal commission against appraiser CD by this court, the purport of the whole pleadings
2. Summary of the parties' arguments
A. The Defendant is obligated to return unjust enrichment to the Plaintiff, since the Plaintiff occupied and used the part 463 square meters of “b” indicated in the separate sheet among the above land B by providing them for the passage of the general public.
B. Defendant 1 cannot be deemed to have occupied and used the part 463 square meters in the attached Form B’s land indicated in the attached drawing.
② The Plaintiff renounced the exclusive right to use and benefit from the land indicated in the attached Form B, which is 463m2.
3. Determination
A. As to the cause of the claim, the form in which the State or a local government occupies a road may be divided into possession as a road management authority and possession as a de facto controlling entity.
In fact, the road has been established by the public announcement and decision of the approval of routes under the Road Act or by the implementation of urban planning projects under the Urban Planning Act.