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1. The defendant shall be the plaintiff.
(a) 4,439,100 won and 15% per annum for them from June 1, 2017 to the date of complete payment.
Reasons
1. Facts of recognition;
A. Each of the lands listed in the separate sheet (hereinafter “each of the lands of this case”) was completed on October 23, 1968 in the name of Nonparty B on the grounds of sale and purchase, and the registration of ownership transfer was completed on September 14, 2005 on the grounds of inheritance due to an agreement division.
B. On February 22, 1933, the land category of the attached list No. 1 (hereinafter “instant land”) was changed from “former to “road”, and on September 30, 1971, the land category of paragraph 2 (hereinafter “instant land”) was changed from “former” to “road,” and the Defendant is occupying and using it as a road up to the present day.
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings
2. Return of unjust enrichment:
A. According to the above facts of determination as to the cause of the claim, since the defendant occupies and uses each of the lands of this case owned by the plaintiff, the defendant is obligated to return unjust enrichment equivalent to the rent to the plaintiff, unless there is any assertion and proof as to the source of right.
B. The defendant asserts that the prescription period for the acquisition by possession of one of the defendant's arguments was completed due to the peace and public performance possession of each of the lands of this case from 1948 to 20 years prior to 1948. Thus, the defendant cannot respond to the plaintiff's claim for the return of unjust enrichment of this case.
Pursuant to Article 197(1) of the Civil Act, if the nature of the source of possessory right of real estate is not clear, the possessor shall be presumed to have occupied in good faith, peace, and public performance with the intention of possession, and such presumption shall also apply to cases where the State or a local government, which is the managing body of cadastral records, etc
However, it is well known that the possessor does not have such legal requirements without any legal act or any other legal requirements which can be the cause of the acquisition of ownership at the time of the commencement of possession.