1. The defendant

(a) KRW 1,281,00 and for this, 5% per annum from October 7, 2015 to February 18, 2016.

Facts of recognition

The Plaintiff related to the parties is the owner of a 172m2 square meters road B (hereinafter “instant land”). The Defendant is a local government that occupies the instant land and uses it as a road.

Around May 1968, the current status of the ownership of the instant land and the network C purchased the land of Jeonnam-gun, Masung-gun, and completed the registration of ownership transfer at that time.

On August 24, 1971, the network C divided the instant land into “road” and changed the land category of the instant land into “road”.

Since that time, the instant land began to be used as land for the passage of the general public, and thereafter, the Defendant has implemented packing works, etc. on the instant land and used it as part of the public school.

On December 5, 2010, the Plaintiff completed the registration of ownership transfer with respect to the instant land on January 26, 201 by reason of inheritance by agreement division as of December 5, 201.

As a result of the assessment of rent for the instant land, the result of the assessment of rent for rent is as shown in the attached Form, and when the condition of use is premised on the road, the amount equivalent to rent for around October 1, 2015 of the instant land is KRW 13,530 per month (=10,148,000 x 1.6% ± 12 months).

【In light of the fact that there is no dispute, Gap's evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 1 and 2, the result of the appraisal commission to the E-Certified Public appraiser office of this court, and the purport of the entire pleadings as to the occurrence of the liability for return of unjust enrichment, the defendant is obligated to gain profit equivalent to the rent by occupying and using the land of this case, and the plaintiff has suffered loss equivalent to the same amount. Thus, the defendant is obligated to return unjust enrichment due to the occupation and use of the land of this case to the plaintiff,

As to this, the defendant is provided as a part of the Saemaul Project, along with the surrounding land around 1971, and it is raised for about 40 years by C, the former owner of the instant land, even if it was used as a road.