1. The Defendant: (a) KRW 22,493,126 to the Plaintiff; and (b) KRW 5% per annum from November 30, 2017 to December 20, 2017 to the Plaintiff.

1. Determination as to the cause of claim

A. On August 11, 1978, the registration of ownership transfer was completed in the name of the Plaintiff on August 11, 1978 with respect to the area of 608 square meters in Namyang-si, Namyang-si prior to the division of recognition

On January 22, 2016, the said land was divided into E Miscellaneous land and 542 square meters in Namyang-si, Namyang-si, and 66 square meters in F Miscellaneous land in Namyang-si (hereinafter “instant land”).

In 195, the Defendant entered the instant land into the road to pack the road while carrying out the construction work on the Grist Road.

From that time, the land of this case is used as a road managed by the defendant.

On February 23, 2016, the Defendant concluded a contract with the Plaintiff to purchase the instant land by consultation, and completed the registration of ownership transfer on March 8, 2016 for the instant land.

The level of rent, the land category of which is the miscellaneous land, shall be as shown in the attached Table.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-12, Eul evidence 1-1, and the result of the commission of appraiser H for a fee appraisal, the purport of the whole pleadings

B. Determination 1) According to the facts found in the establishment of the obligation to return unjust enrichment, it is reasonable to view that the Defendant obtained unjust enrichment equivalent to the rent by occupying and using the instant land from around 1995 to March 8, 2016 without any legal cause from the date the Defendant acquired ownership. Therefore, the Defendant is obligated to return to the Plaintiff unjust enrichment equivalent to the rent of the instant land. Therefore, the basic price of the land to calculate the amount of unjust enrichment is ① the construction of a road under the Road Act, etc. with respect to the land in fact being used by the State or a local government from the past to the public traffic, and occupied or used as a road management authority for construction of a road under the Road Act, etc., or for construction in fact necessary for the road, and thereafter occupied or occupied as a de facto controlling entity, the condition limited to the road, namely, the current status of the road.