1. The Defendant shall pay to the Plaintiff KRW 27,293,964 and the interest rate of KRW 20% per annum from October 23, 2013 to the day of full payment.

The Plaintiff purchased a road B 126 square meters (hereinafter “instant land”) in Gwangjin-gu, Seoul, and completed the registration of ownership transfer on February 27, 2007.

Since January 18, 1969, the land of this case was incorporated into a road on the urban planning facilities as C, and was used as a passage for the general public from that time, and due to the administrative district change on March 1, 1995, the Defendant started possession of the land of this case since that time.

The Defendant, on the instant land, installed a boundary stone, packaged asphalt concrete, laid a water supply and drainage pipe, etc., and occupies the instant land.

[Ground of recognition] The non-contentious facts, Gap 1, Eul 1-1, Eul 1-2, 2, 3, 6, and 7, and the fact inquiry results and the purport of the whole pleadings of this court.

Judgment

According to the above facts, since the defendant occupied the land of this case without any legal ground and obtained profit equivalent to the rent, and thereby caused damages to the plaintiff equivalent to the same amount, it is obligated to return unjust enrichment equivalent to the rent due to the possession of the land of this case.

As to this, the Defendant asserted that D, the former owner of the instant land, gave up its exclusive right to use and benefit from the instant land by offering the instant land to the public for the sake of increasing the utility of the land.

According to the legal principles stated in Supreme Court Decision 2013Da7943 Decided May 9, 2013, where a private land is naturally occurring or it is actually used as a road for the public use of the general public, the owner of the land directly provides the land as a road and grants the neighboring residents or the general public the right to free access to the land, or waives the exclusive and exclusive right to use the land.