1. The Defendant: 63,005,000 won to Plaintiff A and 5% per annum from February 11, 2015 to May 13, 2015, respectively.

1. Basic facts

A. On July 3, 199, Plaintiff A completed the registration of ownership transfer with respect to the real estate listed in paragraph (1) of the [Attachment List No. 1] (hereinafter “instant real estate”).

Real estate listed in Paragraph 2 of the same List (hereinafter “Real Estate 2”) was owned by C and D, respectively. The Plaintiff B awarded a bid on October 24, 1995 and completed the registration of ownership transfer on June 10, 1996.

B. The Defendant has occupied and used the instant real estate No. 1 from around 1986 to from around 1979, the instant real estate No. 2 as a road.

[Ground of recognition] The entry of Gap evidence Nos. 1, Eul evidence Nos. 7 and 8, the video, the purport of the whole pleading

2. According to the above fact of finding the restitution of unjust enrichment, the defendant is obligated to pay the plaintiffs the amount of unjust enrichment equivalent to the rent, barring any special circumstance, since the defendant is judged to gain profit equivalent to the rent by occupying and using the real estate Nos. 1 and 2 of this case as a road, and thereby, thereby causing losses to the plaintiffs who are the owners.

3. Judgment on the defendant's assertion

A. (1) As to the instant real estate No. 1, the Defendant asserted that the Plaintiff waived the right to use and benefit exclusively from the instant real estate since it did not raise any objection or demand for compensation on the fact that the instant real estate No. 1 was used as a road, the land category of the instant real estate was changed to a road by dividing the instant real estate No. 1 into a new building, and provided as an access road to the building and a passage to the general public.

Where a private land is naturally created or is classified as a prospective road site and is actually used as a road for public traffic of the general public, the owner of the land shall provide the land as a road by himself/herself and shall be granted the neighboring residents or the general public the right to free traffic, or shall be granted exclusive and exclusive rights to use and benefit from the land.