1. The defendant shall be the plaintiff.

(a) KRW 10,576,812 and interest rate of KRW 15% per annum from January 25, 2018 to the date of complete payment.

1. Basic facts

A. The Plaintiff is the owner of each land listed in the separate sheet (hereinafter referred to as “instant land” in accordance with the separate sheet, and where each land listed in the separate sheet is in a lump sum, the Plaintiff is the owner of each land listed in the separate sheet.

B. From 195 to 1995, the Defendant, while providing each of the instant lands for the general public’s traffic and passage, occupied and managed them.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 14, Eul evidence 1 to 3 (including each number), and the purport of the whole pleadings

2. Return of unjust enrichment:

A. According to the above facts finding as to the cause of the claim, the defendant provided each of the lands of this case as a passage to the general public and acquired the profit from the use of each of the lands of this case and thereby suffered the loss equivalent to the same amount to the plaintiff. Thus, the defendant is obligated to return the amount equivalent to the rent of each of the lands of this case to the plaintiff, who is the owner of each of the lands of this case

B. First of all, the Defendant asserts that the Plaintiff did not raise any objection to the Defendant, even though he was aware that each of the instant lands was used as a road site. Therefore, the Plaintiff asserts that the Plaintiff did not have any damage to the Plaintiff by waiver of the exclusive and exclusive rights to use each of the instant lands.

If a land is naturally occurring or is actually used as a road for public use in the general public as it is transferred from the past to the site of a road, the owner of the land grants the right to free access to the land to neighboring residents or the general public by providing the land as a road, or waives the exclusive and exclusive right to use the land.