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1. The defendant, respectively, against the plaintiffs:
(a) KRW 675,99 and for this, 5% per annum from September 7, 2016 to December 14, 2016.
Reasons
1. Facts of recognition;
A. On December 10, 1948, NF completed the registration of ownership transfer with respect to 407 square meters of roads E in Ulsan-gun, Ulsan-gun, Ulsan-do (hereinafter “instant land”). On March 19, 1996, Plaintiffs A, D, C, and G completed the registration of ownership transfer with respect to 2/15 shares of each of the instant land on the ground of inheritance on February 11, 1993. G completed the registration of ownership transfer with respect to 2/15 shares on June 30, 2015 to Plaintiff B on November 22, 2006.
B. On December 20, 1957, the land category of the instant case was changed from the paddy field to the road.
C. At present, the instant land is classified into H managed by the Defendant and used as a road.
When under the premise that the status of use of the instant land is a road, the sum of the rent for the period from July 16, 2010 to August 15, 2016 shall be KRW 4,991,042 [the sum of the rent for the period from July 16, 2010 to July 6, 15, 2011, KRW 760,070 from July 16, 201 to July 16, 2012, KRW 760,070, and KRW 105 to July 16, 2012, KRW 120, KRW 80 from July 16, 2013; KRW 45 to July 16, 2013; KRW 50, KRW 120 from July 16, 2013 to KRW 87, July 15, 2014; KRW 15 to 196, Jul. 16, 2015>
[] The rent from July 16, 2016 to August 15, 2016 is KRW 78,940 (won 947,292 x 1/12), and the rent for the subsequent month is also charged to KRW 78,940.
[Ground of recognition] A without dispute, entry of Gap evidence 1, 2, 9-1 and 11, the result of the appraisal of rent by July 28, 2016 of this Court, the purport of the whole pleadings
2. Determination
A. According to the above facts as to the plaintiff's assertion, the defendant is obligated to pay unjust enrichment equivalent to the rent for the land of this case to the plaintiffs who are the occupant of the land of this case, unless there are special circumstances. 2) The defendant's assertion as to the waiver of the right to use and benefit (the defendant's assertion 1) (the defendant's assertion is the netF of the previous owner of the land of this case, and the plaintiffs who inherit the land of this case used the land of this case as the road.