1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Determination as to the cause of claim

A. 1) The recognition of the instant land is 393 square meters in Ulsan-gun, Ulsan-gun (hereinafter “instant land”).

(2) On October 1, 1997, the title holder of the registration was deceased on January 16, 1956, and the deceased on the part of the deceased on the part of the deceased on the part of the deceased on January 16, 195, the deceased on May 8, 2006, the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including each number), the purport of the whole pleadings

B. According to the facts established as above, the Defendant occupied and managed the instant land as a road site from October 1, 1997, and obtained unjust enrichment equivalent to the rent without any legal ground. Accordingly, the Defendant suffered damages equivalent to the same amount from the Plaintiffs, the owner of the instant land.

I would like to say.

Therefore, the Defendant, barring special circumstances, has a duty to return unjust enrichment equivalent to the rent from October 8, 2009 to the day when the Plaintiffs lose their respective ownership shares in the instant land from October 8, 2009 to the day when the possession of the instant land was completed, or to the day when the Defendant’s possession was completed.

C. The basic price of the land 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 is to be appraised according to the actual condition of use at the time when the land is incorporated into the road, in case where the State or a local government occupies the land before the State or a local government occupies it on the road only when the land was not actually commonly used for the general public. However, the State or the local government is required to assess it according to