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The judgment of the court of first instance, including a claim that has been modified at the trial court, shall be modified as follows:
The defendant 8.8.
Reasons
1. Formation of unjust enrichment return claim and damage compensation claim;
A. The facts of recognition (1) around June 2016, the Defendant and the Intervenor joining the Defendant (in case where it is necessary to jointly name the Defendant’s husband; hereinafter, “the Defendant et al.”) purchased and acquired shares of 1/2 of the land for a factory on the following grounds (hereinafter “Defendant’s land”) and on the land for a factory on the ground (hereinafter “J-dong building”).
The Defendant’s land is connected with the “K”, which is a road under the Road Act located in the direction of south through the land described in the attached Table 1 through 4 (hereinafter collectively referred to as the “E Road”).
(2) From February 2009, the Plaintiff owned LA forest located in the northwest direction of the Defendant’s land (which was divided into L, M, N,O, etc.). However, around July 2013, the Plaintiff purchased and acquired FA forest adjacent to the said forest and north direction (which was divided into F, P, and Q) and then newly constructed a logistics warehouse (a approximately KRW 8 billion in total floor area of 2th floor, 6,200 square meters) by bringing about about KRW 8 billion on the said ground from February 2015, and around November 2016, the Plaintiff changed the land category of each of the said forests and fields into “ware site” and completed the registration of ownership preservation for the said logistics warehouse.
In order to build the above logistics warehouse, the Plaintiff purchased and acquired the roads E around July 2013 (the Plaintiff purchased approximately KRW 1,370,000,000,000 as a package of the roads E and the above F), and entered about KRW 313,00,000 from December 2015 to July 2016, the Plaintiff performed the asphalt packaging construction with a width of 7m in part of the land of the roads E and the above logistics warehouse.
(3) On June 2017, the Plaintiff purchased and acquired G factory site 2,088 square meters (attached Form No. 5 of real estate list) and its ground building (hereinafter “Rdong building”) adjacent to the direction of the Defendant’s land. Around that time, the Plaintiff demanded the Defendant, etc. to pay the fee for the road. The Defendant, etc.