1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. By means of the reduction of claims in the trial.

1. Basic facts

A. On October 29, 1923, the land category of Sejong Special Self-Governing City B-Governing City is changed to a road, and around that time the land category began to be used for the general public’s passage.

B. In accordance with Article 13 of the Joseon Road Decree, which was enforced on December 1, 1938 by public notice as of December 1, 1938, as of December 1, 1956, the Korean Government of the Republic of Korea incorporated the land prior to subdivision into a site connected to the Cheongju Eup and the Do governor, and recognized the said road as 25 lines for national highways. The Defendant designated the said road as 36 lines for national highways under the Decree on Designation of General National Road Routes (Presidential Decree No. 5771) on August 31, 1971.

C. On November 28, 201, part of the land before subdivision was divided into 510 square meters for D road (hereinafter “1 land”) and 72 square meters for the same Ri road (hereinafter “2 land”), and only the land before subdivision remains (hereinafter “each of the instant land”) when it is called together with the said land 1.

On August 5, 2013, the Plaintiff completed the registration of ownership transfer on each of the instant land by reason of family inheritance on May 10, 1959.

E. Meanwhile, on August 14, 2013, the land No. 1 was transferred to the Plaintiff’s ownership on the grounds of a consultation on the acquisition of public land on August 14, 2013.

[Reasons for Recognition] 1 to 4, Eul 1 to 6, each entry of Gap 1 to 6 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of return of unjust enrichment, the Defendant acquired benefits without any legal cause by occupying and using each of the instant lands, and suffered losses equivalent to the same amount from the Plaintiff. Thus, barring any special circumstance, the Defendant shall return the unjust enrichment from April 18, 2009, which the Plaintiff seeks, to the date of expiry of possession of each of the instant lands, or to the date of loss of the Plaintiff’s ownership.