1. The defendant shall calculate the amount of KRW 36,066,739 to the plaintiff at the rate of 20% per annum from April 2, 2015 to the day of full payment.

1. Facts of recognition;

A. On June 29, 1967, C acquired Seongbuk-gu Seoul Metropolitan Government D Large 810 square meters (hereinafter “instant land before the instant subdivision”), and divided the said land from E to F on July 25, 1970. At that time, C changed the category of the land of Seongbuk-gu Seoul Metropolitan Government 224 square meters (hereinafter “instant land”).

B. On May 31, 2010, the instant land had been registered through C, G, and H on May 31, 2010.

C. The instant land is located in the Class-II general residential area where a detached house and a commercial building are located, and is offered for the passage of the general public on the said land by packing for asphalt.

The rent in a state with no deposit for the instant land is KRW 8,280,00 for May 31, 201 to May 30, 2011, KRW 8,520,00 for the period from May 31, 201 to May 30, 201, KRW 8,520,00 for the period from May 31, 201 to May 30, 2012, and KRW 8,640,000 for the period from May 31, 201 to May 30, 2013, and KRW 8,520,00 for the period from May 31, 201 to May 30, 2014; KRW 8,640,00 for the period from May 31, 201 to May 30, 2015; and KRW 75,530,530,530,530

[Ground of recognition] The fact that there is no dispute, each entry of Gap's evidence Nos. 1 and 4 (including a paper number; hereinafter the same shall apply), the result of the entrustment of appraisal to an ordinary appraisal corporation, the purport of the whole pleadings

2. The assertion and judgment

A. On the grounds that the Plaintiff without permission occupies and uses the instant land against the Defendant, the Defendant asserts that he/she is obligated to return unjust enrichment. On the other hand, the Defendant asserts that C, the former owner of the instant land, renounced his/her right to use and benefit, and the Defendant, who specifically succeeded to the said land, knowingly admitted the fact that there is a limitation to use and benefit, and thus, cannot comply

(b) If land designated and publicly notified as a site for a road is actually being used as a road for the general public’s traffic, the landowner may provide it as a road and pass without compensation to the general public.