1. The defendant shall be the plaintiff.

(a) 3,518,490 won and the rate of 15% per annum from October 12, 2015 to the date of complete payment.

1. Facts of recognition;

A. The Plaintiff’s land is owned by the Plaintiff for which each ownership transfer registration has been completed in the future of the Plaintiff on the grounds of sale around December 30, 1992, when the two parcels of land are indicated only as the lot number, which is 102 square meters in Busan Gangseo-gu and C road 96 square meters (hereinafter referred to as “instant land”).

B. (1) Land B, such as the change of land B, was registered as 102 square meters in the form of a conversion of land area in 1978, and is currently registered as 102 square meters in the form of a change of land category on July 23, 1946.

(2) On October 1, 1911, the above land was assessed as E, and the ownership transfer registration was made in the Plaintiff’s future on December 30, 1992.

C. (1) On July 23, 1946, the land category of C was changed from the field to the road on July 23, 1946, the land category of C was changed from the field to the road, and it was registered as 96 square meters in the form of a conversion into the area around 1978, and it remains now.

(2) On October 31, 1934, the above land was transferred to the plaintiff on March 15, 1991, and on December 26, 1992. D.

Since the land of this case was part of the National Highway No. 2 line around February 1963, 1989, since it was incorporated into the defendant due to the change of administrative district around January 1, 1989, the defendant succeeded to the possession and continued to provide it for the passage of the general public.

E. The rent incurred from April 14, 2010 to September 30, 2015 of the instant land is KRW 3,518,490, monthly rent from October 1, 2015, KRW 26,70 in the instant land, KRW 26,680 in the case of C land.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1, 3, Eul evidence Nos. 1 and 2, the result of appraisal of rent by the director of the Busan Special Metropolitan City, Busan Special Metropolitan City, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the fact that the obligation to return unjust enrichment was established, the Defendant occupied and used the instant land as a road, thereby gaining benefits equivalent to the rent, and thereby obtaining the Plaintiff, who is the owner of the instant land.