1. The defendant shall be the plaintiff.

(a) KRW 8,384,764 and for this, 5% per annum from August 19, 2017 to November 14 of the same year.

1. Facts of recognition;

A. On May 10, 198, the Plaintiff acquired ownership of real estate listed in the [Attachment List] (hereinafter “instant real estate”).

B. From February 8, 2012, the Defendant occupied and managed the instant real estate as a road from the date of late February 8, 2012 to the date, and there is no particular fact that there was a public announcement of recognition of routes and a road zone under the Road Act, or that there was a construction of a road under the Urban Planning Act by implementing an urban planning project under the Urban Planning Act, and there is no fact that the Plaintiff,

[Ground of recognition] Unsatisfy, Gap evidence 1 to 8, Eul evidence 2 (including paper numbers) and video, the result of this court’s request for survey appraisal, the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the liability for return of unjust enrichment, the defendant used the real estate of this case as a road without any legal ground, obtained a profit equivalent to the rent, and the plaintiff suffered a loss equivalent to the same amount.

As such, the Defendant is obligated to return the foregoing unjust enrichment to the Plaintiff, as requested by the Plaintiff, to pay the amount equivalent to the rent from February 8, 2012 to February 7, 2017 regarding the said real estate, and to pay the amount calculated by the ratio of the monthly rent from February 8, 2017 to the expiration date of possession due to the closure of the Defendant’s road on the said real estate or the date of loss of Plaintiff’s ownership.

B. The gist of the Plaintiff’s assertion 1) The land category of the instant real estate was changed from around 1920 to around 1930. The Defendant artificially incorporated the instant land from around 1940 upon the change of land category into a road, and opened or expanded a packing road, and occupies the instant real estate as a de facto controlling entity while maintaining, managing, and repairing it up to the present time. Therefore, the amount equivalent to the rent of the instant real estate at the time of its incorporation into a road (the list of the instant real estate).