A. On October 4, 1972, the Plaintiff and the deceased B, as to each one-half shares of the real estate listed in the separate sheet (hereinafter “instant land”)

7. 21. After completing the registration of ownership transfer based on sale, the Plaintiff completed the registration of ownership transfer on October 28, 2014, based on inheritance by consultation and division on August 22, 1975 with respect to the net B’s 1/2 shares among the instant land.

B. The Defendant, while implementing the “C Corporation” by December 31, 1980, incorporated the instant land into the road and occupied and used the instant land as part of the “D” in Seoul Special Metropolitan City.

C. From April 1, 2011 to July 31, 2016, the rent for the instant land is KRW 4,040,540 in total, and the monthly rent for the instant land is KRW 67,270 in around July 31, 2016.

[Reasons for Recognition] The descriptions of Gap 1, 3, 4, Eul 1, and 2, the appraisal result of appraiser E, the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts, the defendant occupied and used the instant land as a road, thereby gaining profit equivalent to the rent, and thereby causing damage to the plaintiff. Since August 1, 2016, it is reasonable to confirm the monthly rent of the instant land as 67,270 won. Thus, barring any special circumstance, the defendant is obligated to refund the money equivalent to the rent of the instant land from April 1, 201 to July 31, 2016 to the plaintiff at the rate of 4,040,540 won, which is equivalent to the rent of the instant land, from April 1, 2011 to July 31, 2016, and from August 12, 2016, the delivery of a copy of the written application for change of the purport of the claim and the cause of the claim as of August 17, 2016, the damages for delay calculated at the rate of 15% per annum from August 17, 2016 to August 27, 2016.

B. Determination on the Defendant’s assertion by prescription of one year is made.