1. The defendant

(a) 55,041 won and the rate of 15% per annum from December 16, 2017 to the date of complete payment.

1. Facts of recognition;

A. The Plaintiff is the owner who completed the registration of ownership transfer on December 3, 2007 due to inheritance on January 25, 1993 with respect to 1/5 shares out of 366 square meters of B road in Si-si, Si-si.

나. 피고는 지방자치단체로서 이 사건 토지 중 별지 감정도 표시 ㄱ, 2, 3, 4, ㅅ, ㅂ, ㅁ, ㄹ, ㄷ, ㄴ, ㄱ의 각 점을 순차로 연결한 선 내 ‘가’부분 193㎡ 및 같은 감정도 표시 ㅍ, ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ, ㅌ, ㅍ의 각 점을 순차로 연결한 선 내 ‘나’부분 22㎡ 부분에 아스팔트 및 콘크리트 포장을 하여 합계 215㎡를 일반 공중의 통행을 위한 도로로 관리하며 점유사용하고 있다

(hereinafter referred to as “instant land”). 【The part occupied by the Defendant’s possession” / [based on recognition] without dispute, entry and video of Gap’s 1, 2, Eul’s 1 and 2 (including additional numbers), the court’s request for each survey appraisal to the Korea Land Information Corporation and the Korea Comprehensive Design Corporation, as a result of the commission of each survey appraisal to the Korea Land Information Corporation and the Korea Comprehensive Design Corporation, the purport of

2. Determination:

A. According to the facts of recognition 1), the defendant is obligated to return money equivalent to 1/5 of the plaintiff's share out of the amount of unjust enrichment from occupying and using the land in this case as the road. 2) The defendant asserts to the purport that since 1955, the land in this case was used as the road, and since it falls under the only land for the passage of surrounding land, the owner of the road renounced his exclusive right to use and benefit from the road, and the plaintiff cannot file a claim for return of unjust enrichment against the defendant, since he acquired ownership from the time when he knew of such restriction.

However, it is recognized that only the description and image of the evidence Nos. 1 and 2 cited by the Defendant had renounced the exclusive and exclusive right to use at the time of the construction of the road on the instant land.