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1. The defendant shall be the plaintiff.
(a) KRW 21,789,084 as well as 5% per annum from July 3, 2018 to November 15, 2018; and
Reasons
1. Basic facts
A. On December 29, 1967, the Plaintiff completed the registration of ownership transfer on December 30, 1967 with respect to the land listed in [Attachment List Nos. 1 through 4 (hereinafter “instant land”).
B. As to the land of this case, including (2) parts on a ship connected with each point of (2) parts of (4), (7), 8, 9, 10, 11, 12, and 7 of the annexed drawings among the land of 1, 2, and 3, and the part (4) connected with each point of (2) the annexed drawings among the land of 4, 7, 8, 9, 10, 11, 12, and 7, the Defendant performed the construction of a road of “B” after completing the construction work on November 24, 1978 and completing the construction work as of December 31, 1979 and using it as a road (hereinafter “C”).
C. Of the land No. 3 of this case, as to the part on the ship (i) connected with each point of the items indicated in the annexed drawing No. 4, 14, 13, 3, and 4 among the land of this case, the part on the land of this case, including the part on the ship (c) part on the attached drawing No. 2, 12, 11, 10, 9, and 1 among the land No. 4, the part on the attached drawing No. 2, 10, 10, 9 and 1, the head of Dongdaemun-gu Seoul Metropolitan Government announced the modification of the urban planning project (EN Park Construction Plan) by the Dongdaemun-gu Public Notification D on Dec. 21, 2006, and the defendant is currently using
[Ground of recognition] A without dispute, Gap evidence 1 through 5, Eul evidence 1 to 3 and images, the result of the appraisal commission to the Seoul Eastern Vice-Governor of the Korea Land Information Corporation, and the purport of the entire pleadings
2. Determination on the cause of the claim
A. According to the facts of recognition as above, barring any special circumstance, the Defendant is obligated to return unjust enrichment equivalent to the rent to the Plaintiff, as it occupied and used the Plaintiff’s land Nos. 1 through 4 without any legal ground.
B. The Defendant’s assertion for the prescriptive acquisition of the instant road portion.