2. Based on the incidental appeal, the defendant shall pay 896,000 won to the plaintiff and this shall apply.

A. On October 27, 1998, the Plaintiff acquired ownership of the Seoyang-gu Seoul Metropolitan Government B large 262 square meters (hereinafter “instant land”) and C forest land 625 square meters (hereinafter “second land”).

B. The roads adjacent to the land No. 2 of this case are roads owned and managed by the Defendant (current E). Of the land No. 1 of this case, the attached Form I(b) of the attached Form 1 of this case and the attached Form II(b) of the land No. 65m2 of this case and the attached Form II of the land No. 301m2 of this case, which are packed along with the above road and delivery and are offered for public passage.

(hereinafter referred to as "the road section of this case" in combination with the above general public traffic). [In the absence of dispute, Gap evidence 1 through 7 (including the number of branch offices), Eul evidence 1, Eul evidence 1, and the result of each request for measurement and appraisal to the Gyeonggi-do Headquarters of the Korea Cadastral Corporation for the First Instance, the purport of the whole pleadings, as a result of each request for appraisal of the survey and appraisal to the public branch offices of the Gyeonggi-do Headquarters

2. Determination

A. According to the above facts of determination as to the cause of the claim, since the defendant occupied and used the part of the road of this case owned by the plaintiff as the road, the defendant must return to the plaintiff unjust enrichment equivalent to the rent.

Furthermore, according to the result of the appraisal commission with respect to the state appraisal corporation of the first instance, the Plaintiff seeking the return of unjust enrichment from August 31, 2007 to the road portion of this case (the Plaintiff is retroactively calculated from the date of the filing of the instant lawsuit) (the Plaintiff is claiming the return of unjust enrichment from five years prior to the date of the filing of the instant lawsuit. If the entire purport of the pleadings is shown on the entries and images of the evidence No. 8, at least before August 31, 2007, the Defendant appears to have commenced possession of the road portion of this case as the road before May 20, 2013) (the sum of the rent up to KRW 10,896,00 (the commencement of possession of the road portion of the instant case before August 31, 207) is 35,261,000 (the partial 35,635,000 won among the land No. 2 of this case). Thus, the Defendant may recognize the fact to the Plaintiff as the Plaintiff.