1. The defendant shall be the plaintiff.

(a) KRW 11,471,750 and KRW 5% per annum from July 22, 2015 to November 4, 2016, and the next day.

1. Basic facts

A. On April 20, 1967, the land of Jinhae-gu Seoul Special Metropolitan City was used as a de facto road through the general public along with neighboring land. However, on April 20, 1967, the land of Jinhae-gu Special Metropolitan City is determined and publicly announced as an urban planning facility (road) along with the land of the relevant unit of land according to D Public Notice of the former Construction Division (Determination on

B. The Plaintiff completed the registration of ownership transfer on the land before subdivision on September 18, 1975.

C. On December 14, 1976, according to the report by subrogation of the Plaintiff pursuant to subparagraph 2 of Article 23 of the former Cadastral Act (amended by Act No. 4869 of Jan. 5, 1995), the land indicated in the order (hereinafter “instant land”) was divided from the land before subdivision on December 31, 1976, and the land category was changed to the site on the road.

Since the implementation of the urban planning project, the land of this case was established E and the road was installed on the ground, and the Gu is late from December 31, 1976, and has occupied and managed the land of this case as the road management authority.

E. The Gu Jin-si was integrated with Changwon-si and Msan-si in accordance with the Act on Special Cases Concerning the Establishment and Support of Changwon-si in 2010 and established by the Defendant.

[Reasons for Recognition] The entry in Gap 2-4, 3-4, 4-4, 5-4, 6, 7, 8-2, 8-4, 9, 11, and 1-1 and the purport of the whole pleadings

2. Determination

A. According to the fact of recognition of the occurrence of unjust enrichment, the Defendant is obligated to return to the Plaintiff, the owner of the instant land, the benefit equivalent to the rent due to the possession and use of the instant land, barring any special circumstance.

B. (1) As to the Defendant’s assertion, since the Defendant asserts that the completion of the prescriptive acquisition by prescription had been acquired by prescription, the fact that the Defendant occupied the instant land from December 31, 1976 to 20 years is as seen earlier, the fact that the Defendant occupied the instant land from December 31, 1976, is presumed to be that the Defendant occupied it by peace and public performance with the intention to own it at the old Jin

However, the old Jinhae City incorporated the instant land into a road site.