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1. The defendant,
A. On July 9, 2014, the respective amount of KRW 30,873,600 and KRW 20,582,400 and each of the above amounts to Plaintiff A.
Reasons
1. Facts of recognition;
A. The land in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City D”) is the land for which E completed the registration of ownership transfer based on sale and purchase on November 29, 1968, and the land in this case is divided by changing the land category from the land before subdivision to a road on September 10, 1976.
B. On November 5, 2007, E died, and the Plaintiff is the inheritor of the above E.
C. The defendant occupies and manages the land of this case as a road.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7, purport of the whole pleadings
2. Determination
A. According to the facts acknowledged above, the defendant is obligated to return unjust enrichment equivalent to the rent for the land of this case to the plaintiff, barring special circumstances, since the defendant gains profit by occupying and managing the land of this case as the road and thereby causes damage to the plaintiff.
B. (1) The defendant's argument regarding the defendant's argument (1) is that E voluntarily divides the land of this case and changes its land category, thereby increasing the economic value of land before partitioning. Since E waives the exclusive and exclusive right to use and benefit from the land of this case, the defendant is not obligated to return unjust enrichment.
(2) According to the statement in the evidence Nos. 1 through 6 of the judgment, the land of this case is divided upon application of E and the land category is changed.
However, comprehensively taking account of the overall purport of pleadings Nos. 3, 4, 6, 3, and 9, the part of the land of this case among the lands before subdivision was determined and indicated in the Seoul Special Metropolitan City Notice No. 207 on December 24, 1973, and E applied for a construction permit on September 9, 1976 and applied for a partition and land category change according to the above urban planning. The Seoul Special Metropolitan City FF, G, H, and I, which was divided in contact with the land of this case, do not change the land category into a road.