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1. The defendant shall be the plaintiff.
(a) KRW 6,345,684 as well as 5% per annum from November 12, 2016 to January 3, 2017; and
Reasons
1. Basic facts
A. The Plaintiff completed the registration of ownership transfer on March 22, 1980 with respect to B-road B (hereinafter “instant land”).
B. On May 10, 1974, the instant land was first determined as an urban planning facility pursuant to the Ministry of Construction and Transportation’s notification. On January 14, 1983, the land category was changed from the Jeju City’s land to the road on the same day.
C. From the time of the change of land category, the Defendant provided the instant land to the general public for traffic and passage, and occupied and managed it.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, Eul evidence 1-2, the purport of the whole pleadings
2. Return of unjust enrichment:
A. According to the facts of recognition of the obligation to return unjust enrichment, the Defendant provided the instant land as a passage to the general public, acquired profits by occupying and using it, and incurred losses to the Plaintiff. Thus, barring any special circumstance, the Plaintiff, the owner of the instant land, is obligated to return unjust enrichment due to such possession and use.
B. The Defendant asserts that the prescription period of acquisition by prescription 1 as to the Defendant’s assertion was completed as the land of this case was preserved for a long time in peace, public performance, and possession.
If the nature of the source of possessory right of real estate is not clear, the possessor shall be presumed to have occupied in good faith, peace and public performance with the intention of ownership pursuant to Article 197(1) of the Civil Act, and such presumption shall also apply to cases where the State or a local government, which is the managing body
However, in a case where it is proved that the possessor has occupied the real estate owned by another person without permission even though he/she was aware of the absence of such legal requirements as to the legal act or any other legal requirements which may cause the acquisition of the ownership at the time of the commencement of possession, the presumption of the possession with intention to hold it
(c).