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1. The Defendant shall pay to the Plaintiff KRW 3,387,320 and interest rate of KRW 15% per annum from March 5, 2017 to the date of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff completed the registration of ownership transfer on December 31, 1965 on the ground of sale on December 27, 1965 with respect to the land of 298 square meters (hereinafter “instant land”).
B. On November 30, 1958, the land category of the instant case was changed from the paddy field to the road, and was used as a road since that time, and is within a two-lane packing road, and is currently used as a road for the general public by the Defendant.
[Reasons for Recognition] Facts without a partial dispute, Gap 1 to 3 evidence, Eul 1 and 2 evidence, or the purport of the whole pleadings
2. Return of unjust enrichment:
A. According to the above facts finding as to the cause of the claim, the Defendant occupied and managed the instant land owned by the Plaintiff as a road site without any legal ground, barring any special circumstance, thereby gaining profit equivalent to the rent of the instant land, and thereby resulting in the Plaintiff’s loss equivalent to the same amount.
Therefore, as of May 1, 201, the Defendant is obligated to return the Plaintiff’s unjust enrichment equivalent to the rent from May 1, 201 to the end of the day when the Plaintiff loses the Plaintiff’s ownership or the Defendant’s occupation.
B. Determination as to the Defendant’s assertion 1) At the time when the Defendant’s assertion was incorporated into a road, the owner was compensated. The Defendant occupied for not less than 20 years and acquired the instant land by prescription. (ii) In a case where the nature of the source of right to possess real estate on board is not clear, the possessor is presumed to have occupied the land in good faith, peace, and public performance pursuant to Article 197(1) of the Civil Act. Such presumption is equally applied to cases where the State or a local government, which is the managing body of the
However, it is well known that the possessor does not have such legal requirements without any legal act or any other legal requirements which may cause the acquisition of ownership at the time of the commencement of possession.