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1. The Defendant (Counterclaim Plaintiff) shall:
A. Plaintiff (Counterclaim Defendant) A and C respectively KRW 952,386, and KRW 158,731, respectively, to Plaintiff (Counterclaim Defendant) B.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On November 30, 1941, H No. 941: H 277 square meters (hereinafter “instant land”) and J 644 square meters; on the same day, the land category of the instant land No. 1 was changed from the paddy field to the road.
B. The land category of the instant land No. 2 was changed from the paddy field to the road on November 30, 1941. On the same day, the land category of the instant land No. 2 was changed from the paddy field.
C. L purchased each of the above lands from the owner M on November 23, 1955, and on January 22, 1964, L purchased each of the above lands from the owner M on November 23, 195.
Since 1941, the land No. 1 of this case was constructed as a road and used as a road to link the Jinjin and Asan to the present time through the asphalt package, the defendant occupies and manages it.
E. L died on July 3, 1979, and the plaintiffs inherited L according to each share indicated below.
Inheritance Shares in Related Inheritances with L by the Parties 1.5 6/29 Plaintiff C 0.25 1/29 Plaintiff C 1.5 6/29 Plaintiff D 14/29 Plaintiff E 14/29 Plaintiff C 14/29 Plaintiff G 14/29 / [based on recognition] without dispute, each entry and the purport of the entire pleadings of Plaintiff A 1, 2, and 5 (including each number; hereinafter the same shall apply).
2. Determination as to the claim on the principal lawsuit
A. According to the above facts, the defendant is obligated to return unjust enrichment from the possession and use of the land No. 1 in common owned by the plaintiffs as a road, thereby gaining profit equivalent to the profits from use and thereby causing damage to the plaintiff who is the owner. Thus, the defendant is obligated to return unjust enrichment from the possession and use of the land No. 1 in common owned by the plaintiffs to the plaintiff, barring special circumstances.
In addition, it is recognized as a comprehensive consideration of the respective descriptions and arguments of Nos. 5 and 9 as follows.