beta
Text
1. The Defendant’s KRW 58,053,217 as well as the Plaintiff’s KRW 5% per annum from October 22, 2014 to March 25, 2015.
Reasons
1. The Plaintiff, upon occurrence of the obligation to return unjust enrichment, acquired the ownership of the land listed in Paragraph (1) and Paragraph (2) of the attached Table on October 24, 1987, and the ownership of the land listed in Paragraph (2) of the attached Table on August 8, 190, and each land listed in the attached Table on August 8, 190, respectively. Since there is no dispute between the parties, the fact that each land owned and managed by the Defendant was provided for the passage of the general public is being occupied and used as a road, the Defendant occupied and used each land listed in the attached Table on the attached Table, which is owned by the Plaintiff
2. Scope of return of unjust enrichment
A. The Plaintiff asserts that, inasmuch as it is apparent that the instant land was used as a site in the event that it was not used as a road, it would have been used as the surrounding land, the Plaintiff would have to assess the price of the instant land as the site and then calculate the amount of unjust enrichment equivalent to the rent. 2) The basic price of the land for calculating the amount of unjust enrichment equivalent to the rent for the land occupied and used by the State or a local government as a road. The basic price of the land for calculating the amount of unjust enrichment for the land occupied and used as a road by the State or the local government shall be assessed according to the actual situation at the time of incorporation into the road, without considering the circumstances of incorporation into the road, where the land is occupied and used as a road only for the land which the State or the local government was previously occupied and used as a road. However, in the event the State or the local government actually occupied and occupied as a road by the road management authority by constructing a road for the land which was actually being used as a road for the general public, it shall be assessed according to the current state of the road.
Supreme Court Decision 200 delivered on January 19, 201