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1. The defendant shall be the plaintiff.
A. Gold 33,164,00 won and this shall be from the next day of service of a copy of the complaint of this case.
Reasons
1. Basic facts
A. On April 8, 1947, the Defendant changed the land category of the instant land from the “B” to the “road” to the “road in Ansan-si, where Nonparty C (hereinafter “the deceased”) owned the land category.
B. On September 4, 1948, the Plaintiff acquired the ownership of the land of this case by inheritance of the deceased who was the existing heir of the land of this case.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. Determination on the relevant legal principles and the allegations and issues alleged by the parties
A. In order to calculate the amount of unjust enrichment equivalent to the rent for the land occupied and used by the State or a local government as a road, the basic price of the land shall be assessed according to the actual condition of the land to be incorporated into the road, without considering the circumstances incorporated into the road, where the State or the local government, by constructing the road under the Road Act, etc. for the land in which the State or the local government actually was in common use for the general public for the traffic from the past, and by performing the construction of the road as a road or by performing the construction of the road, which is in de facto possession of the road, and where it actually occupies the road as a controlling body, it shall be assessed according to the form of the road.
(see, e.g., Supreme Court Decision 2001Da60866, Apr. 12, 2002)
B. The parties’ assertion (1) asserted that as of April 8, 1947, the Defendant had commenced occupying the instant land as a road with respect to the current status of the use of the instant land as of April 8, 1947, the use of the instant land was “transfer,” where the use of the instant land was cultivated as of April 8, 1947, and the Defendant asserted to the effect that the said land was used as “road” from its original land price
(ii).