1. The defendant shall be the plaintiff.

(a)payment of 11,290,320 won;

B. From August 1, 2017 to Seopo-si B, Seopo-si, Seopo-si, 128 square meters.

1. Basic facts

A. On August 11, 2008, the land category of B-road B (hereinafter “instant land”) was changed from a site to a road. From around that time, the Defendant provided the instant land for the traffic and passage of the general public, and occupied and managed the instant land.

B. On March 31, 2015, the Plaintiff completed the registration of ownership transfer on the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 2-1 to 3, the purport of the whole pleadings

2. Return of unjust enrichment:

A. According to the above facts of recognition as to the cause of the claim, the defendant provided the land of this case as a passage to the general public and obtained profits from the use of the land of this case by occupying and using it, and thereby suffered damages equivalent to the same amount from the plaintiff. Thus, the defendant is obligated to return the rent amount equivalent to the rent amount of the land of this case to the plaintiff as the owner of this case.

B. The defendant's assertion 1) The defendant asserts that since the plaintiff purchased the land of this case with the knowledge that he was using the land of this case as a road, the plaintiff did not incur any damage to the plaintiff by waiving his exclusive right to use and profit from the land of this case. 2) In the case where a private land was naturally occurring from the previous land to the new road or is actually used as a road for the public traffic, the owner of the land grants the right to use and profit from the land of this case to the neighboring residents or the general public or gives up his exclusive and exclusive right to use and profit from the land of this case, if it interpreted that the owner grants the right to use and profit from the land of this case to the neighboring residents or the general public, or gives up his exclusive and exclusive right to use and profit from the land of this case.