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1. The defendant
(a) KRW 372,00 per annum from November 2, 2018 to November 28, 2018; and
Reasons
1. Facts of recognition;
A. On March 26, 1964, E completed the registration of ownership transfer on the basis of the completion of repayment on December 30, 1955 with respect to 45 square meters (hereinafter “instant land”). The instant land was changed to a road on December 30, 1965, and its land category was changed to a road on December 23, 1999. The registration of change was made on December 23, 199 to a road of 149 square meters (hereinafter “instant road”).
B. On September 21, 2016, the Plaintiff purchased the instant road from E in the amount of KRW 20 million and completed the registration of ownership transfer on September 23, 2016.
C. The Defendant, after December 30, 1965, occupied and used the instant road by providing it to the general public for traffic after the land category of the instant road has changed.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 8 and the purport of the whole pleadings
2. Return of unjust enrichment:
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to return to the plaintiff unjust enrichment equivalent to the rent due to the occupation and use of the road of this case, unless there are special circumstances.
B. The defendant's assertion argues that since E waives the exclusive right to use and benefit from the road of this case, the plaintiff, the successor, cannot make a claim for return of unjust enrichment against the defendant.
In the event that a private land is naturally occurring or is actually used as a road for the public traffic as it is classified into a road site, if the owner of the land grants the right to free access to the land to neighboring residents or the general public by providing it as a road, or gives up the exclusive and exclusive right to use and benefit from the land, the circumstance or period in which he owns the land, and the details and scale of the sale in installments, of the remaining land;