1. The defendant shall be the plaintiff.

(a) KRW 13,948,198 and interest thereon shall be 15% per annum from December 20, 2016 to the date of complete payment.

1. Facts of recognition;

A. The Plaintiff acquired ownership by completing the registration of ownership transfer as the receipt of No. 89906 on May 31, 2010 with respect to the land of this case with respect to the Dong-gu Seoul Special Metropolitan City B road (hereinafter “instant land”).

B. On March 24, 1922, the land category was changed from the site to the road, and on February 20, 1967, the Minister of Construction and Transportation publicly announced a decision to change the urban planning to which the land of this case is part of Gwangju Urban Planning D as a construction department C.

The defendant occupies and uses the land of this case as a road site until now.

C. In relation to the instant land, the Plaintiff filed an application for mediation with the Gwangju District Court No. 2015S. 201366, and “The Defendant paid KRW 17,000,000 to the Plaintiff for unjust enrichment from December 1, 2012 to June 30, 2015” was a mediation decision, and the Defendant paid all the amount of money based on the mediation decision to the Plaintiff on October 19, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-2, Eul evidence Nos. 1-2, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. We examine whether the duty of return of unjust enrichment arises, and the form of possession by the State or a local government in possession of a road is divided into possession and possession as a de facto controller as the road management authority. As such, first of all, possession as a road management authority may be recognized in a case where a public announcement of recognition of routes under the Road Act, a road zone is determined, or a road is constructed by the implementation of an urban planning project under the Urban Planning Act. In addition, even if a road is not constructed under the Road Act, if the State or a local government is actually required for construction on a private land that is not common use for the general public, and then the land is in the form of a road, and is in common use for the general public, it shall be deemed to be under the de facto control of the State or a local government.