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1. The defendant shall be the plaintiff.
(a) KRW 123,126,630 as well as 5% per annum from June 16, 2018 to August 7, 2018;
Reasons
1. Determination on the cause of the claim
A. The fact that each real estate listed in the separate sheet 1 to 4 of the real estate portion listed in the separate sheet 1 to 4 is owned by the plaintiff, and the fact that the defendant occupied each of the above real estate on the road is not a dispute between the parties.
Therefore, from November 18, 2012, the Defendant is obligated to return the loss suffered by the Plaintiff as unjust enrichment due to the Plaintiff’s possession and use of the above real estate from November 18, 201
(2) Even if the above land is used as a road, the value of the land owned by the plaintiff around the above land increases, there is no change in the fact that the plaintiff is unable to exclusively use and benefit from each of the above land, and thus, the damage equivalent to the rent of each of the above land is suffering. (2) The defendant asserts that the plaintiff does not have exclusive use and benefit right to the plaintiff by allowing the plaintiff to occupy and use the above land free of charge. However, the evidence submitted by the defendant alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it, and
(3) The basic value of the land to calculate the amount of unjust enrichment is ① the construction of a road under the Road Act, with respect to the land which the State or a local government previously used for the traffic of the general public, occupied by or actually needed for the construction of a road as a road management authority, and thereafter occupied a road as a de facto controlling entity, the land must be appraised according to the condition limited to the road, i.e., the current status of the road. However, in a case where the State or a local government occupied a land which is not actually used for the traffic of the general public as a road, the land must be appraised according to the actual utilization situation at the time of its incorporation, without considering the situation of incorporation into the road. The