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1. The defendant shall be the plaintiff.
(a) KRW 1,10,000, as well as 5% per annum from October 25, 2016 to November 25, 2016; and
Reasons
Basic Facts
A. On April 10, 1947, the Plaintiff purchased 12 square meters prior to Seopopo City B (hereinafter “instant land”) and completed the registration of ownership transfer on the said land on August 30, 1947.
B. The instant land is occupied by the Defendant and used as a road.
[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 and 2, and occurrence of unjust enrichment in the whole pleadings
A. According to the above facts, barring any special circumstance, the Defendant, as a possessor of the instant land, is obligated to return gains from the possession and use of the instant land from September 30, 2010 to the expiration date of the Defendant’s possession or the Plaintiff’s loss of ownership, to the Plaintiff, who is the owner of the instant land, from September 30, 2010 to the date of the Plaintiff’s ownership acquisition, to the unjust enrichment, barring special circumstances.
B. As to this, the defendant, after the plaintiff acquired the ownership of the land of this case and did not raise any objection to the use of the road of this case, renounced exclusive and exclusive rights to use and benefit from the land of this case, the plaintiff's claim of this case is unjustifiable. However, there is no evidence to acknowledge that the plaintiff renounced exclusive and exclusive rights to use and benefit from the land of this case. Thus, the other defendant's claim of this case is without merit.
In addition, the defendant asserts that the prescription period for possession of the land of this case has expired by occupying the land of this case in a peaceful and public performance with the intention of ownership for 20 years, and thus, the plaintiff cannot respond to the plaintiff's claim of this case. However, if the local government initiates the procedure for acquiring public property under the Local Finance Act, etc., such as his own share or the collection of donation, or incorporates the private land into the road site without a specific title to possess the land, such as obtaining the consent of its owner