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1. The defendant shall be the plaintiff.
(a) KRW 16,749,340 and 5% per annum from March 6, 2018 to May 2, 2018; and
Reasons
1. Basic facts
A. History 1 of the instant land was part of 308 square meters prior to Seodaemun-gu Seoul Metropolitan Government, but the land category was changed from the previous land number to the road on March 30, 1946. 2) The Plaintiff completed the registration of transfer of ownership for sale on April 20, 1960 with respect to the instant land on July 21, 1960, and thereafter, on October 1, 1975, the number of the instant land was corrected from Seodaemun-gu Seoul Metropolitan Government Seo-gu to the Mapo-gu Seoul Metropolitan Government B from January 10, 1978.
B. The Defendant occupied and managed the instant land from around 2004, as part of the Seoul Mapo-gu Seoul Mapo-gu width of 7 meters wide, which is currently packed as asphalt.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 24, Eul evidence No. 1, the purport of the whole pleadings
2. Determination as to the cause of action
A. In a case where the State or a local government’s possession of the land for which the cause of the return of unjust enrichment occurred and the exclusive use of and benefit from the land is restricted by the general public, barring special circumstances, such as the owner’s waiver of the exclusive use of and benefit from the land, the State or the local government shall be deemed to have obtained the benefits from occupying and using the land, and the landowner shall be deemed to have suffered the equivalent damages.
(2) According to the reasoning of the judgment below, the Defendant is obligated to pay unjust enrichment from November 11, 2015, which was within five years from November 3, 2015, the filing date of the instant lawsuit, as sought by the Plaintiff, to the Plaintiff, since the Defendant occupied and used the instant land owned by the Plaintiff.
On the other hand, the Defendant occupied and used the instant land as a road until the date of closing the argument in this case.