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1. The defendant
(a) KRW 4,718,550, as well as 5% per annum from November 12, 2015 to April 1, 2016;
Reasons
1. Basic facts
A. The Plaintiff acquired the said land on the ground of inheritance on November 20, 1991, where the Plaintiff acquired the said land on the ground of the inheritance, which was originally owned by C.
The above land was divided on October 21, 2005, and part of which was 1895 square meters in B (hereinafter “instant land”).
B. In around 1961, the land category was restored to “road”; on April 28, 1970, the land category was changed to “the answer”; and at least before 1963, it was used as a road.
The defendant designated the above road as local highway D on August 19, 1981, designated it as local highway E on October 30, 1995, and designated as local highway F on March 28, 2005, and managed it as a road.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 to 3, the purport of the whole pleadings
2. Occurrence of liability for return of unjust gains;
A. According to the above facts of recognition, the defendant gains the profit of the party at rent by occupying and using the land of this case as the road, and suffered the same loss to the plaintiff. Thus, the defendant is obligated to return the unjust enrichment to the plaintiff, barring any special circumstances.
B. The defendant asserts to the effect that since the deceased C, the previous owner of the land of this case, renounced the exclusive right to use and benefit from the land of this case by providing the land of this case as a road, the defendant did not have obtained unjust enrichment by managing the land of this case.
(c) In the event that any private land is, in fact, naturally occurring or is classified into a proposed road site and used as a road for public traffic in general public, the owner of the land directly provides such land as a road, thereby granting the neighboring residents or the general public the right to free traffic, or giving up the exclusive and exclusive right to use the land, if it is interpreted that he/she owns such land.