1. The defendant shall deliver to the plaintiff the Seocho-gu Seoul Metropolitan Government B mass 252 square meters.

2. The costs of the lawsuit are assessed against the defendant.

3...

1. Facts of recognition;

A. From March 4, 1965, the Plaintiff owned the Seocho-gu Seoul Metropolitan Government B large-252 square meters (the land category was changed from June 7, 2018 to “road”; hereinafter “instant land”).

B. On April 29, 1982, the Defendant confirmed a new C-built plan, and published a public announcement on August 12, 1982 on the implementation plan for an urban planning project (library and park facilities) with D-ro Urban Planning Facility (Library) decision and cadastral approval as of December 30, 1982, E-public notice of construction division as of December 30, 1982, and Seoul Special Metropolitan City public noticeF on January 24, 1983. On July 26, 1983, the Defendant made a public announcement on the implementation plan for an urban planning project (library and park facilities) with respect to 7,091 square meters and 49,972 square meters outside Seoul, Seocho-gu, Seoul, and 14 square meters outside H and 14,092.

C. On August 22, 1983, the Defendant purchased from the Plaintiff the Seocho-gu Seoul Metropolitan Government I 509 square meters, J 483 square meters, K 374 square meters, and L 1,488 square meters, respectively, in accordance with the implementation plan of the said urban planning project. The Defendant completed the registration of ownership transfer on September 2, 1983, based on an agreement acquisition.

The instant land is located between the area of 1,488 square meters and the area of 509 square meters in Seocho-gu Seoul Metropolitan Government.

From around 1983, the defendant occupied and used the land of this case as a garden in the C site from around 1983 to the present day.

E. On January 12, 2015, the Plaintiff filed a lawsuit against the Defendant seeking return of unjust enrichment due to the possession and use of the instant land (Seoul Central District Court 2015Gahap1173). On December 10, 2015, the said court rendered a judgment that “the Defendant shall pay to the Plaintiff KRW 45,793,000 and the legal interest or delay damages thereon, and shall pay to the Plaintiff the amount equivalent to KRW 728,00 per month from September 1, 2015 to the date on which the Plaintiff lost his/her ownership or the Defendant lost his/her possession.”

F. The Plaintiff and the Defendant appealed against the above judgment of the first instance, but the appellate court dismissed all appeals on August 18, 2016 (Seoul High Court 2016Na2004561), and the Defendant appealed against the above judgment of the appellate court, but the Supreme Court decided December 2016.