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1. The defendant
(a) KRW 3,075,075 and for this, 5% per annum from March 4, 2016 to March 29, 2016;
Reasons
1. Basic facts
A. The Plaintiff owned 79 square meters prior to Seo-gu, Busan (hereinafter “instant land”) by father C, but was inherited on May 5, 1958 and acquired ownership by inheritance.
B. Since about 70 years ago, the instant land existed as a naturally occurring road for the passage of neighboring residents. Around May 5, 1973, the instant land was announced as a small-ro 1 category around May 5, 1973, and the Defendant, a local government, occupies the instant land and uses it as a road until now.
【Reasons for Recognition】 Evidence Nos. 1-1, 2, 3, Eul Nos. 1 through 6, the purport of the whole pleadings
2. Return of unjust enrichment:
A. According to the above facts, the defendant has a duty to gain profits equivalent to the rent by occupying and using the land of this case and to compensate the plaintiff for damages equivalent to the same amount. Thus, the defendant has a duty to return unjust enrichment due to the possession and use of the land of this case to the plaintiff, barring special circumstances.
B. As to this, the Defendant asserts that in light of the location and size of the land of this case, and the location and size of the existing building constructed in the surrounding residential area, the land of this case was used as the only passage leading to the main road, and thus, the utility value of the neighboring residential area was secured, and the Plaintiff provided the land of this case as the public road at the time of the Plaintiff’s reference, and waiver of exclusive use rights.
In a case where a certain private land is actually used as a road for the public use of the traffic of the general public, in interpreting that the owner of the land has granted the right to passage without compensation to neighboring residents or the general public by providing the land as a road, or has waived the exclusive and exclusive right to use and benefit from the land, the reason why he owned the land, its holding period, the details and scale of the divided sale of the remaining land, and the road.