1. The defendant is against the plaintiffs:

(a) KRW 16,841,940 as well as 5% per annum from September 20, 2018 to April 18, 2019;

Facts of recognition

On November 19, 2014, the Plaintiffs purchased 392 square meters of C-road 392 square meters (hereinafter “instant land”) in a public sale procedure at the time of Pakistan, and completed the registration of ownership transfer on December 3, 2014.

The land of this case was classified as a road on November 27, 1981, and is currently being used as part of D local highway under the defendant's management.

[Ground of recognition] According to the above facts, Gap evidence Nos. 1, 2, Eul evidence Nos. 2, and Eul evidence No. 2, and whether the obligation to return unjust enrichment for determination of the purport of the whole pleadings was established, the defendant obtained profits without any legal ground as to the land of this case by occupying the land of this case without any legal ground. Accordingly, the defendant suffered losses equivalent to the amount

As such, the profit gained has the obligation to return it to the plaintiffs as unjust enrichment.

As to this, the defendant asserts that since the plaintiffs purchased the land of this case with the knowledge that the land of this case is used as the road, the plaintiffs renounced their exclusive right to use and benefit, the defendant did not have the right to return unjust enrichment.

However, the above circumstance alone is difficult to recognize that the plaintiffs renounced their exclusive rights to use and benefit exclusively, and the defendant's assertion is not accepted.

In ordinary cases of calculating the amount of unjust enrichment, the amount of profit from the possession and use of real estate is equivalent to the amount of rent for the real estate. The basic price of land to calculate the amount of unjust enrichment shall be the amount of profit from the possession and use of the real estate, and where the State or a local government is to construct a road for the land which was actually common use for the general public through the construction of a road in accordance with the Road Act, etc., and is in the form of a road as a road management authority, and where it actually occupies a road as a dominant entity, it shall be appraised according to the condition limited to the road, namely