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1. Revocation of the first instance judgment.
2. The defendant shall be the plaintiff.
(a) KRW 2,583,270 and its related thereto from April 12, 2016.
Reasons
1. Facts of recognition;
A. On December 30, 1966, C, the Plaintiff’s attached, acquired 1,289 square meters of land in Nam-gu, Gwangju, Nam-gu.
B. On February 18, 1975, Jeonnam-do had already formulated an urban planning that opens roads of less than 8 meters in width of the Class-II general residential area among urban areas under the National Land Planning and Utilization Act, which share a 3-lane 1,289 square meters of the above D major residential area, among urban areas under the National Land Planning and Utilization Act.
C. On March 11, 1978, C divided and changed the land category into D road 187 square meters, E company 1003 square meters, B road 9 square meters (hereinafter “instant land”). On March 23, 1978, F, etc. sold the said E company 100 square meters to F, etc.; on March 31, 1978, F, etc., sold the said E company 100 square meters to a large number of persons by dividing the said E company 103 square meters.
Since 1978, a building, including a house, was newly constructed on the site abutting on the instant land, and the instant land was actually used for the general public’s traffic since that time.
E. On April 7, 1997, the Plaintiff completed the registration of ownership transfer on the ground of inheritance by consultation and division on March 20, 1989.
F. On May 25, 2001, the Defendant acquired the instant land included in the three-lane roads, the said G 213 square meters, and the said H 173 square meters among the said H 173 square meters, in accordance with the procedures for the acquisition of public land. However, the Defendant used the instant land and the instant G 213 square meters as a road without undergoing any procedures.
G. The assessed value of rent for the instant land from April 6, 201 to April 5, 2016 is KRW 2,583,270, and the assessed value of monthly rent from January 1, 2016 to April 5, 2016 is KRW 47,850.
【Ground of Recognition】 Each entry of Evidence Nos. 1, 5, 7, 8, 9, and 2 and 3 (including any number), the result of the appraiser I of this court’s appraisal, the purport of the whole pleadings.
2. Determination
A. According to the facts of recognition 1 of the right to claim restitution of unjust enrichment, the defendant from May 25, 2001 to the date of closing argument of this case, the land of this case owned by the plaintiff as the road.