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1. The defendant
(a) KRW 38,482,400 and interest rate of KRW 15% per annum from October 26, 2018 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On July 1956, the Defendant completed a cadastral survey with respect to B-road B (hereinafter “instant land”) around Seopopo-si, Seopo-si, Seopo-si, and changed the land category from before to “road” on May 20, 1957, and possessed the instant land in a way that the land is packaged and made it available for the passage of the general public.
B. On January 5, 1982, the Plaintiff acquired the ownership of the instant land on August 29, 2007 on the ground of sale.
C. On December 1, 2017, the Plaintiff filed the instant lawsuit.
From December 2, 2012, which was earlier five years before the filing date of the instant lawsuit, to the date of the instant lawsuit, rent is KRW 38,482,400, which is anticipated if the instant land was used as “pre-use” during five years from the filing date of the instant lawsuit.
The expected rent for the land of this case from the date following the filing of the lawsuit of this case to the closing date of pleadings is KRW 14,857,190 per annum, and the above fee will be maintained even after the closing date of pleadings.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 3, the result of a request for a judgment of fee appraisal against C by this court, the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant, the owner of the instant land, is obligated to return unjust enrichment equivalent to the rent specified in Paragraph 1 of this Article from December 2, 2012 to the date of loss of possession due to the closure of the Defendant’s road or the date of loss of Plaintiff’s ownership, barring any special circumstance.
The defendant asserts that since the plaintiff purchased the land of this case with the knowledge that the land of this case is being used as a road, the amount of unjust enrichment from the defendant's possession should be calculated on the basis of rent when it was used as a road.
According to the above facts, it can be recognized that the land of this case is changed from "the road" to "road" only through the procedure of land category change, packing, etc. of the defendant.