1. The Defendant shall pay to the Plaintiff KRW 5,413,770 and the interest rate of KRW 15% per annum from December 21, 2016 to the day of complete payment.

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on January 23, 2008 on the ground of donation on February 28, 1987 with respect to B 1058 square meters (hereinafter “instant land”).

B. The instant land is located on the “D” road, which is a round-to-distance secondary road in the Western City C, and is surrounded by the roadway and occupied by the Defendant, and is used for the general public’s traffic.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, or the purport of the whole pleadings

2. Establishment of claim for restitution of unjust enrichment

A. According to the above facts, insofar as the Defendant, as the possessor of the instant land, did not prove the existence of the source of possessory right, it is reasonable to deem that the Defendant obtained profits equivalent to the rent by occupying and using the instant land without any legal cause, and that the Plaintiff suffered losses equivalent to the same amount.

Therefore, barring special circumstances, the Defendant is obligated to return the benefits derived from July 9, 201, as sought by the Plaintiff, as a result of the acquisition date of ownership, to the Plaintiff. Furthermore, as long as the Defendant occupied the instant land from the date of closing the argument of the instant case until the date of closing the argument, but refused to return the unjust enrichment, the Plaintiff may file in advance a claim for unjust enrichment from the date of ending the occupation of the Defendant due

B. As to this, the Defendant asserted that the Plaintiff renounced the exclusive and exclusive right to use the instant land, including the Plaintiff’s non-argument of objection against the Defendant’s use of the road, but the mere fact that the Plaintiff did not raise an objection against the use of the instant land as a road or demand payment of compensation, etc. does not necessarily mean that the Plaintiff renounced the right to use the instant land and there is no other evidence to acknowledge it.

In addition, the defendant is 20 years until now the land of this case.