1. The defendant is against the plaintiffs:

(a) 2,549,630 won and each of the above amounts shall be from November 25, 2016 to the date of full payment.

1. Facts of recognition;

A. From the time of the Japanese occupation occupation period, I owned the land indicated in the land indicated in the attached Table (hereinafter “instant land”). On November 21, 200, I died on November 21, 200, and I inherited the said land with 1/8 shares of each of the Plaintiffs, who are the children of I.

B. The instant land is included in “M”, which is a road leading to L from K located in Si/Gu, through Dong-si. On May 30, 1968, the said land was divided into “M” and its land category was changed from “B” to “road” on December 5, 1968. Meanwhile, on January 13, 1969, the Defendant constructed a road on the instant land to “O public notice of the Construction Division” and occupied the said land to the road management authority from that time.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 and the purport of the whole pleadings

2. Determination

A. According to the following facts: (a) the occurrence of unjust enrichment was examined; (b) the Defendant occupied the instant land without any legal cause, and used and make profits therefrom; (c) thereby gaining profits equivalent to the rent amount; and (d) the Plaintiffs suffered losses equivalent to the same amount.

Therefore, the defendant is obligated to return the unjust enrichment to the plaintiffs.

As seen earlier, the Defendant occupied the instant land as a road management authority. The said land has been used as a road passage for about 47 years from the time of the change of land category and the construction of a road. In light of the situation of the initial division and sale of the instant land before the land was divided, the instant land appears to have been used as an access road to the remainder of the land. The value of the remaining land has increased as the land was provided as a road for the general public after the division of the instant land. The fact that the current status of the instant land is a road, even though anyone could easily have known that it is a road, before I or the Plaintiffs raised the instant lawsuit.