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The defendant's KRW 7,789,535 to the plaintiff and its 5% per annum from June 29, 2019 to November 18, 2020.
Reasons
1. Facts of recognition;
A. Of each land listed in the separate sheet (hereinafter “the instant land” according to the sequence, each of which is collectively referred to as “each of the instant lands”) owned by the Plaintiff, the part 263 square meters of “a” portion of “bb” (hereinafter “b” in the ship), among the land listed in the separate sheet (hereinafter “each of the instant lands”) connected with each point of 19, 3, 18, 18, 18, and 19, among the land listed in the separate sheet No. 2, and the land listed in the separate sheet No. 3, 4, 20, 21, 22, 23, 24, 25, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 263 square meters of “a” portion of “a” (hereinafter collectively referred to as “a portion within a ship”) connected in sequence with each point of “b” in the instant land.
B. On March 6, 2019, the Defendant accepted each of the instant lands on March 6, 2019 in order to implement road projects in Pakistan, and completed the registration of ownership transfer under the Defendant’s name.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 1, images, appraiser F's appraisal result, the result of the appraisal commission to appraiser F by this court, the purport of the whole pleadings
2. The assertion and judgment
A. Determination on the cause of a claim 1) If the State or a local government occupies another person’s land as a road without any lawful procedure for compensation, such as the procedure for expropriation under the Road Act or the Urban Planning Act, the State or a local government may not be exempted from the obligation to return unjust enrichment due to such possession, regardless of whether it is subject to the Road Act, etc. (see, e.g., Supreme Court Decision 90Da5795, Mar. 12, 191). 2) The Defendant occupied the land of this case as a road and its site from February 2014 to March 6, 2019; the Defendant’s lawful procedure for compensation, such as the procedure for the expropriation of each of the instant land, before the expropriation of each of the instant land.