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1. The defendant shall be the plaintiff.
(a) KRW 38,505,646 and interest rate of KRW 15% per annum from October 21, 2016 to the date of complete payment.
Reasons
1. Basic facts
A. The Plaintiff completed the registration of preservation of ownership on July 6, 1971 with respect to B-road B-road (hereinafter “instant one”) and C-road 1,868 square meters (hereinafter “instant two land”).
B. The Defendant provided each of the above lands to the general public for traffic and passage, and occupied and managed them.
C. Meanwhile, on December 31, 1971, the land category of the instant 1 and 2 was changed from forest land to road.
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
2. Return of unjust enrichment:
A. According to the facts of recognition of the obligation to return unjust enrichment, the Defendant provided the instant land 1, 2 as the passage of the general public, obtained profits by occupying and using it, and thereby suffered losses to the Plaintiff. Thus, the Defendant is obligated to return unjust enrichment from the possession and use of the land to the Plaintiff, who is the owner of the instant land 1, 2, unless there is any assertion as to the possessor of the right.
B. The defendant's assertion asserts that the acquisition by prescription of possession has been completed as the land of this case 1, 2 was preserved for a long time in peace, public performance, and possession on the road.
If the nature of the source of possessory right of real estate is not clear, the possessor shall be presumed to have occupied in good faith, peace and public performance with the intention of ownership pursuant to Article 197(1) of the Civil Act, and such presumption shall also apply to cases where the State or a local government, which is the managing body
However, in a case where it is proved that the possessor has occupied the real estate owned by another person without permission even though he/she was aware of the absence of such legal requirements as to the legal act or any other legal requirements which may cause the acquisition of the ownership at the time of the commencement of possession, the presumption of the possession with intention to hold it
(1) The State, etc. shall have the right to land.