1. The Defendant’s KRW 39,748,140 as well as the Plaintiff’s annual rate from August 28, 2017 to October 18, 2017, and the following.

1. Occurrence of a claim for return of unjust enrichment

A. The Plaintiff filed a claim is the owner of 41 square meters wide and 949 square meters in Sejong-dong, Sejong-si.

The Defendant shall, without a title, occupy a road of 897 square meters among the above land without title, gain a profit equivalent to the rent, and incur the same amount of damages to the Plaintiff, and thus, return it to the Plaintiff as unjust enrichment.

B. 1) On August 19, 1927, the Plaintiff: (a) on August 19, 1927, the Plaintiff was corrected to registered matters with a 897 square meter on January 18, 2017 due to an error in the registered matters, and (b) on January 18, 2017.

hereinafter referred to as “instant land”).

)에 관하여 원고 명의로 소유권이전등기를 마쳤다. 2) 피고는 1981. 3. 16. 도시계획(이하 ‘이 사건 도시계획’이라 한다)을 수립하여 이 사건 토지 가운데 별지 도면 ㄱ, ㄴ, ㄷ, ㄹ3, ㅁ, ㅂ, ㅅ, ㅇ, ㅅ3, ㅂ3, ㅁ3, ㅊ, ㅋ, ㅌ, ㅍ, ㅎ, ㅇ3, ㅈ3, ㅊ3, ㅋ3, ㅌ3, ㅍ3, ㄷ1, ㄹ1, ㅁ1, ㅂ1, ㅅ1, ㅇ1, ㅈ1, ㅊ1, ㅋ1, ㅌ1, ㅍ1, ㅎ1, ㄱ2, ㄴ2, ㄷ2, ㄹ2, ㅁ2, ㅂ2, ㅅ2, ㅇ2, ㅈ2, ㄷ3, ㄴ3, ㄱ3, ㅎ2, ㅍ2, ㅌ2, ㄱ을 차례로 이은 선 안 (가) 부분 828㎡(이하 ‘가 부분’이라 한다)를 도시관리계획에 편입하였고, 이후 2000년경 도로계획사업의 실시로 공공도로에 편입하여 도로관리청으로서 점유하였다

(The plaintiff is deemed to have mistakend the area of the land in this case before the registration of correction as the area of the land in this case, and the area after the registration of correction as the area occupied by the defendant. Therefore, the defendant's assertion that the area exceeds 828 square meters is rejected).

At the time of the instant urban planning, “A” was used as a road (hereinafter “former road”).

The Plaintiff asserted that the existing road was located in another parcel of land in the vicinity of the instant land, and that the “A”, which was the site, was newly incorporated into a road while expanding the road. However, according to each of the statements and images set forth in the evidence Nos. 7 through 9, there existed at the time of the instant urban planning.