2. The costs of lawsuit shall be borne by the Plaintiff.

A. As to the ownership of land, Gangnam-gu Seoul Metropolitan Government D large 591 square meters (hereinafter “D”) and its ground buildings (hereinafter “D buildings”) are owned by the Plaintiff, and the Gangnam-gu Seoul Metropolitan E-gu 283 square meters (hereinafter “E land”) and its ground buildings (hereinafter “E buildings”) are owned by the Defendant.

D The land is located between the land and E in Gangnam-gu Seoul Metropolitan Government road C 48 square meters (hereinafter referred to as "C road"), which is owned by the Plaintiff, and the land of the said three lots is adjacent to all of them.

B. The Defendant’s use of the instant road is about 5 meters in width and about 10 meters in length, and the entrance door of the building E is located at the intermediate point of the road C. 2) The Defendant has access to the land and building E using a road of 31 square meters in line with the indication of drawings in attached Form C among roads 1, 2, 3, 4, 5, 1, 7, 8, and 1 (hereinafter “instant road”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including branch numbers if there are additional numbers; hereinafter the same shall apply), Eul evidence 1 to 6, and Eul evidence 8, and the result of the survey and appraisal conducted by appraiser F, the purport of the whole pleadings

2. The parties' arguments and the judgment on them

A. 1) The Defendant, the owner of land and building adjacent to the road of this case alleged by the Plaintiff, without any legal ground, occupies or uses the road of this case. Therefore, the Defendant is obligated to return unjust enrichment equivalent to the rent, since the Defendant occupied the road of this case owned by the Plaintiff without any legal ground, thereby gaining economic benefits equivalent to the rent, and thereby causing property damage equivalent to the same amount to the Plaintiff. Accordingly, the Defendant is obligated to return unjust enrichment equivalent to the rent. 2) G, the Defendant’s assertion of the Seoul Gangnam-gu Seoul, Gangnam-gu, Seoul, owned the land of this case with the size of 523 square meters (before the division of D land), owned by the husband of G, the neighboring land, which owned the size of 260 square meters, to raise the degree of utilization of the building newly