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1. The defendant shall be the plaintiff.
(a) 3,291,226 won and 15% per annum with respect thereto from October 20, 2018 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff and C own 1/2 shares of each of the 1/2 shares in Jeju-si B road (hereinafter “instant land”) is the land for which the registration of ownership transfer has been made.
B. The instant land was originally abutted upon E as part of the 1,194 square meters prior to Jeju-si D (hereinafter “the instant maternity land”). However, around December 26, 1973, the instant land was divided into Jeju-si B road 98 square meters (324 square meters) by extending the existing road (E) according to the Defendant’s project plan to build a bypass road, and was divided into the expanded road site. On July 9, 1997, the instant land was re-divided into F in Jeju-si, and became the current land.
C. Roads established on the instant land are those established and managed by the Defendant in accordance with a plan to open a bypass road in 1973, and have been offered to the general public for traffic use since the establishment of the said road.
【Ground of recognition】 The fact that there is no dispute, Gap 2, 4, 5 (including each number), Eul 1 through 8, the purport of the whole pleadings
2. Return of unjust enrichment:
A. The form of occupation of a road by the State or a local government can be divided into possession and possession as a de facto controlling body. Thus, if the existing road is in fact a public announcement of recognition of routes or a road zone is determined under the Road Act, or a road is constructed by the implementation of an urban planning project under the Urban Planning Act, possession as a road management authority may begin from the beginning of the existing road. Even if there is no act of building a road pursuant to the Road Act, if the State or a local government executes the reconstruction or maintenance work of a road, such as expansion of existing roads, packing of a road, or installation of a sewerage system, and uses it for the general public’s traffic, it shall be deemed that the existing road is actually under the control of the State or