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1. The defendant,
A. Plaintiff A: (a) KRW 2,59,11 for each of the KRW 3,898,667, Plaintiff B, C, and D and each of them on July 21, 2015.
Reasons
1. Facts of recognition;
A. E completed the registration of ownership transfer on June 7, 1984 with respect to each real estate of this case on June 7, 1984.
B. On October 12, 2014, E died; Plaintiff A’s spouse, Plaintiff B, C, and D of the network E are children of the network E.
C. Since before 1972, each of the instant real estate existed as a naturally occurring road for the passage of neighboring residents, the Defendant, a local government, occupied each of the instant real estate and used it as a road.
【Reasons for Recognition】 Evidence Nos. 1 through 5, Evidence Nos. 3 (including paper numbers), and the result of a request for surveying and appraisal by the Korea Land Information Corporation, etc. and the purport of the entire pleadings
2. Return of unjust enrichment:
A. According to the above facts of recognition, the defendant gains a significant amount of rent by occupying and using each of the instant real estate, and suffered the same loss to the plaintiff. Thus, barring any special circumstance, the defendant is obligated to return unjust enrichment from the possession and use of the instant land to the plaintiffs who are the deceased E's successors.
B. The defendant's assertion and its determination 1. The deceased E did not have paid the property tax on each of the real estate of this case, and did not oppose or have followed the legal procedures on the fact that each of the real estate of this case was actually used as a road until 30 years have passed since the acquisition of ownership. The deceased E, which allowed the circumstances that each of the real estate of this case was provided for the use by ordinary people, purchased each of the real estate of this case, or waived the exclusive use right after purchase.
Where any private land is actually used as a road for the general public's traffic, the owner of the land may directly provide the land as a road and pass it to the neighboring residents or the general public without compensation.