beta
Text
1. The defendant shall be the plaintiff.
(a) 1,256,00 won and the rate of 15% per annum from June 21, 2016 to the date of complete payment.
Reasons
1. Basic facts
A. On December 18, 2013, the Plaintiff is the ownership holder who completed the registration of ownership transfer due to the compulsory sale by official auction as of December 3, 2013, 2013, with respect to the land of 273 square meters in Incheon-gun, Incheon-gun (hereinafter “instant land”).
B. Of the instant land, the attached appraisal map Nos. 1, 2, 3, 16, 17, 18, 19, 7, 8, 9, 9, 10, 11, 12, 13, 14, 15, and 1 in the ship connected in sequence 1, 2, 3, 16, 17, 18, 19, 8, 9, 10, 11, 12, 13, 14
[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 4, the result of this court's request for survey and appraisal to appraiser C, the fact-finding results of this court's strengthening Gun, the purport of whole pleadings.
2. The assertion and judgment
A. The plaintiff's assertion asserts that since the defendant occupies and uses part of the land of this case owned by the plaintiff as a road without title, the defendant has a duty to return unjust enrichment equivalent to the rent to the plaintiff from the day following the date when the plaintiff acquired ownership of the land of this case to the day when the defendant possessed the road of this case or the day when the plaintiff lost ownership
B. 1) Determination of whether a claim for return of unjust enrichment has arisen) the State or a local government’s form of occupation can be divided into occupation and occupation as a road management authority and occupation as a de facto controller. As such, if the existing road is decided to a road zone under the Road Act or is established by the implementation of an urban planning project under the Urban Planning Act, possession as a road management authority may be recognized. However, even if there is no act of construction of a road under the Road Act, the State or the local government performed the reconstruction or maintenance work of the existing road, such as expansion of the existing road, the package of the road, or the installation of the sewerage system, and thus, is for public use in the general public.