The defendant is against the plaintiff succeeding intervenor 15,875,148 won and this.

A. On December 3, 2003, the Plaintiff completed the registration of ownership transfer on the ground of inheritance due to the consultation and division on October 8, 1973 with respect to the land of 281 square meters (hereinafter “instant land”).

B. Of the instant land, the part of 78 square meters in the ship connecting each point of the instant land indicated in the Appendix Nos. 2 through 9, 21, 20, 19, 18, 17, 16, 15, 14, and 2 (hereinafter “the instant road section”) among the instant land was a road package from March 1975, and was actually used as a road.

C. Around 2001, the Defendant laid a water supply pipe on the instant road, and on December 26, 2006, designated a part of the instant land as the alternative mixed purpose in accordance with the district unit planning formulation, and around May 2014, the Defendant packaged the instant part of the instant land in a way that wastewater pipes were laid underground on the instant road and loaded asphalt over the existing concrete package.

On the other hand, on April 19, 2016, the Plaintiff transferred to the Intervenor a claim for restitution of unjust enrichment relating to the instant road section against the Defendant, and a claim seeking a future maturity, and notified the Defendant of the transfer by serving a preparatory document as of June 29, 2016.

After that, on April 22, 2016, an intervenor completed the registration of ownership transfer on the land of this case on April 19, 2016.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 4, the result of the commission of appraisal to the senior branch of the Korea Land Information Corporation by the court of first instance, the result of the inquiry of each fact into the court of first instance and the chief of the water supply and sewerage office at the height of the court of first instance, and the purport of the whole pleadings.

2. Return of unjust enrichment:

A. Determination 1 on the cause of the claim can be divided into possession as a road management authority and possession as a de facto controlling entity. As such, the public announcement of the recognition of routes and the determination of road zones are either determined or determined by the existing de facto road.