1. Defendant Jongno-gu shall be the Plaintiff:

A. As to KRW 19,150,500 and KRW 13,332,50 among them, from July 10, 2012 to KRW 4,579.

1. Basic facts

A. On December 16, 1937, the Plaintiff acquired the ownership of Jongno-gu Seoul Metropolitan Government F land.

The land was partitioned on February 8, 1962 from this land, and the land C was partitioned on January 30, 1978.

Accordingly, the land category of C, D, and E is all roads, and the area is 95.3 square meters, 2 square meters, and 21.7 square meters in order.

B. At around 1979, the Defendant Jongno-gu provided the road packaging works for each of the lands C and D for the passage of residents and vehicles, and had excellent and sewage pipes laid underground on the date of non-explosive.

Defendant Seoul Special Metropolitan City designated E land as a road on December 28, 197 and authorized the implementation plan to incorporate it into a road zone by G on March 21, 1978, and accordingly, the said land was incorporated into H.

【Ground for Recognition: Facts without dispute; entries in Gap evidence 1, 2, and 3 (including each number); images of Gap evidence 4-1 to 6; fact-finding results on defendant Seoul Special Metropolitan City; purport of the whole pleadings

2. Establishment of obligation of return of unjust enrichment

A. According to the facts of recognition of the obligation to return unjust enrichment, barring special circumstances, Defendant Jongno-gu has the obligation to return unjust enrichment equivalent to the rent for possession and use to the Plaintiff, the owner of the road, with respect to the roads C and D, and the Seoul Special Metropolitan City, with respect to the roads E

Therefore, the plaintiff's primary claim under the premise that the defendant Jongno-gu occupies the road E.

피고들의 주장 (1) 배타적 사용수익권 포기 주장 ㈎ 피고들은, C, D, E 각 도로의 분할전 토지인 I 토지(이하 ‘이 사건 분할전 토지’라 한다)의 소유자가 이를 분할하면서 위 각 도로를 분할된 다른 토지들의 유일한 통로로 무상제공하였고 원고는 그 상태에서 위 각 도로의 소유권을 취득하였으므로 원고는 그에 관한 배타적 사용수익권이 없다고 주장한다.

㈏ 관련 사실 1 이 사건 분할전 토지는 1934. 6.경부터 별지 <도면1> 내지...