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1. The defendant,
A. As to Plaintiff A, KRW 563,294, KRW 938,823, and KRW 93,822 to Plaintiff C, respectively.
Reasons
1. Facts of recognition;
A. The land, which was cadastral restoration on April 10, 1969, on the land of which the E-road 532 square meters (hereinafter “instant land”) was completed in Yangju-si, Gyeonggi-do, was the land for which the Plaintiffs completed registration of preservation of ownership pursuant to their respective shares (Plaintiff A’s 6/17, Plaintiff B 10/17, and Plaintiff C 1/17) under the receipt of the Government Registry of the Jung-gu District Court on November 21, 2011.
B. The Defendant, on December 24, 1987, designated the instant land as a local highway G with a public notice on the determination of the FF road zone of Gyeonggi-do public notice, and occupied the instant land as a local highway I by designating it as a public notice on March 28, 2005 by Gyeonggi-do public notice on the H road zone (change).
C. The land rent following the use of the instant land as a road is KRW 1,596,00 for the period from September 2, 2014 to September 1, 2019, and the annual rent is KRW 324,500 for the period from September 2, 2014 to September 1, 2019.
[Ground of recognition] Unsatisfy, Gap 1 to 4 evidence (including a tentative number; hereinafter the same shall apply), Eul 1 to 3 evidence, the result of the appraisal by the appraiserJ, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts finding that the Defendant: (a) from December 24, 1987, designated the instant land as a local highway; (b) provided and used it as a road management authority; and (c) thereby, gained unjust enrichment equivalent to the land rent; (d) accordingly, the Defendant, upon the Plaintiff’s claim, is deemed to have obtained unjust enrichment, from June 27, 2019, which was served by the duplicate of the instant complaint to the Defendant Gyeonggi-do Yangju-si prior to the rectification of the statute of limitations from September 2, 2014 to September 1, 2019, the period of extinctive prescription of KRW 1,596,00,000 for the land rent of KRW 563,294 (1,596,000 X6/17); and (c) the Plaintiff’s last amount of KRW 938,823 (1,50,000,000,000 to the Plaintiff and each of the Plaintiff’s complaint of this case from the date of this case from the date.