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1. The Defendant’s KRW 19,012,040 for the Plaintiff and 5% per annum from January 9, 2018 to August 22, 2018.
Reasons
1. Facts of recognition;
A. On May 4, 1991, the Plaintiff completed the registration of ownership transfer with respect to B 433 square meters of land for factory (hereinafter “instant land”).
B. Since July 7, 2012, the Defendant occupied and used the part 127 square meters in part 127 square meters in the text of paragraph (1) of the instant land (hereinafter “the part in possession of this case”) as a road.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. According to the above facts, the defendant, without any legal ground, gains profit equivalent to the rent by occupying and using the land owned by the plaintiff. Thus, barring any other special circumstances, the defendant is obligated to return the amount of unjust enrichment to the plaintiff. (2) Furthermore, in a case where the State or a local government occupies the land which is not actually common use for the general public, the basic price of the land for calculating unjust enrichment equivalent to the rent for the land occupied and used by the State or the local government as a road, and in a case where the State or the local government occupies it as a road only after the land which is not actually common use for the general public, the land should be appraised according to the actual state of use as at the time of its incorporation, without considering the circumstances incorporated into the road. However, in a case where the State or the local government occupies it as a road by constructing a road by means of the Road Act, etc. with respect to the land which is actually common use for the general public traffic from the past, or by performing construction works in the form of a road as a de facto controlling entity, it should be appraised according to
(See Supreme Court Decision 200Da58576, 58583, Jan. 19, 2001, etc.). However, in order to calculate the amount of unjust enrichment equivalent to the rent, the basic price of the instant land is “factory site” which is its land category.