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1. The Defendant’s each of the Plaintiffs’ KRW 4,764,833 and each of the “land indicated in [Attachment List 5] from July 15, 2019.”
Reasons
1. L, which owned each land of the basic facts, died on February 24, 2007, and the plaintiffs who were their children jointly inherited their property.
The Defendant’s land category was changed to a road on Apr. 28, 197; the third land was changed to a road on Apr. 4, 1983; the fifth land was changed to a road on Dec. 20, 1972; and the fourth land was incorporated into a road on Apr. 1, 1983 without a land category change; the fourth land was incorporated into a road on Apr. 1, 1983; the fourth land was put into a road on Apr. 2, 1983; each land was provided for the public to pass.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Whether the obligation to return unjust enrichment has arisen;
A. According to the facts of finding the cause of the claim, the defendant is obligated to pay the plaintiffs the amount of unjust enrichment equivalent to the rent for the use of possession of each land as stated in the attached Form, unless there are special circumstances.
B. 1) Determination of the defense of prescriptive acquisition does not require a local government or the State to submit documents on the procedure for the acquisition of land for which the completion of prescriptive acquisition is claimed. However, in a case where the State or a local government appears to be unable to exclude the possibility that the State or the local government lawfully acquired the ownership by undergoing the procedure for the acquisition of public property at the time of the commencement of possession, taking into account the developments leading up to and purpose of the possession, it is difficult to deem that the State or the local government was aware of such circumstance without any legal requirements for the acquisition of ownership, and thus, the presumption of autonomous possession is not broken down (see, e.g., Supreme Court Decision 2010Da33866, Aug. 19, 2010). Upon the completion of the prescriptive acquisition of real property, the possessor may request the title holder to implement the procedure for the registration of ownership transfer for the completion of prescriptive acquisition, and