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1. The defendant shall be the plaintiff.
(a) KRW 13,437,00 and 5% per annum from July 7, 2016 to August 23, 2016; and
Reasons
Basic Facts
The plaintiff is a school juristic person that operates the Dong name middle school and the Yangyang-dong High School in Pakyang-si, and the list of annexed Form 1 of July 30, 1974
1. Ownership of land, and a list of annexed Form 1, September 26, 1975;
2. Ownership of the land, and a list on June 7, 1971, annexed Table 1.
3. In total, each of the above lands acquired ownership of each of the instant lands (hereinafter referred to as “each of the instant lands”).
Around September 14, 1974, the Defendant publicly announced that each of the instant lands should be designated as an urban planning road facility, and around February 28, 1980, the land category was changed from “the answer” to “the road.”
From around that time, each land of this case is used as a road provided to the general public.
Meanwhile, the rent from November 1, 2010 to May 30, 2016 for each of the instant lands is KRW 44,038,00 in cases where the status of use, as shown in attached Table 2, is “responding or site,” and KRW 13,196,00 in cases where the status of use is “road” and the status of use is “road,” and KRW 79,00 in cases where the status of use is “responding or site,” and KRW 241,00 in cases where the status of use is “road.”
【The ground for recognition】The evidence Nos. 1 through 13 (including all of them), Eul evidence Nos. 2, the result of appraisal commission to appraiser A, and the purport of the entire pleadings by the court of this case, the Defendant opened a road on each of the land of this case, and opened the land of this case, changed the land category into “road”, and occupied the road for use in the general public until now. Thus, barring any special circumstance, the Plaintiff, the owner, has the obligation to return unjust enrichment equivalent to the rent.
1) As to this, the Defendant asserts that since the Plaintiff renounced the exclusive right to use and benefit from each of the instant lands, the return of unjust enrichment cannot be sought. 2) In fact, the instant land is classified as naturally occurring or land scheduled for road sites and, in fact, into the general public’s traffic.