1. The defendant shall be the plaintiff.

(a) KRW 48,137,427 and interest rate of KRW 15% per annum from July 29, 2017 to the date of complete payment.

1. Basic facts

A. On July 19, 1971, the Plaintiff completed the registration of initial ownership relating to B road B 2,008 square meters (hereinafter “instant land”).

B. On July 10, 1984, the land category of the instant case was changed from forest land to forest land, and the Defendant, around that time, provided the instant land for the traffic and passage of the general public and occupied and managed it.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 4-1 and 2-1 and images, the result of the appraisal commission to appraiser C by this court, the purport of the whole pleadings

2. Return of unjust enrichment:

A. According to the above facts of recognition as to the cause of the claim, the defendant provided the land of this case as a passage to the general public and obtained profits from the use of the land of this case by occupying and using it, and thereby suffered damages equivalent to the same amount from the plaintiff. Thus, the defendant is obligated to return the rent amount equivalent to the rent amount of the land of this case to the plaintiff as the owner of this case.

B. The Defendant asserts that the Plaintiff did not raise any objection to the Defendant, even though he was aware that the instant land was used as a road site, on the grounds that the Plaintiff renounced the exclusive and exclusive rights to use the instant land and did not cause any damage.

In the case of interpreting that a private land is naturally created or is actually used as a road for public use in the general public as it is classified into a road site, if the owner of the land grants the right to free access to the land to neighboring residents or the general public by providing it as a road, or waives the exclusive and exclusive right to use the land, he shall own the land.