2. The costs of lawsuit are assessed against the plaintiffs.

A. On September 28, 1970, the Plaintiff A, B, L, and M completed registration of preservation of ownership of K forest land 725 square meters (hereinafter “instant land”) in Namyang-si on September 28, 1970, and completed registration of preservation of ownership of each of 1/4 shares and shared the instant land.

B. Around 1983, the Defendant implemented NRoad Works (hereinafter “Road Works”). As the instant land was incorporated into the above road zone, the land category of the instant land was changed from forest land to forest land, and the instant land was used as a road since around that time, and is occupied and used by the Defendant as a national highway 47 lines until now.

C. Meanwhile, upon the death of February 12, 201, Plaintiff C, D, E, and F inherited each of the 1/4 shares.

In addition, as M dies on June 15, 2010, the Plaintiff G received 3/9 shares, H, I, and J respectively by inheritance of 2/9 shares.

[Ground of Recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, Gap evidence 2-2, Eul evidence 3-1, 2, Gap evidence 4, Gap evidence 5, Gap evidence 11, Eul evidence 1, Eul evidence 2, Eul evidence 6, and the purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant, except in extenuating circumstances, gains unjust enrichment equivalent to the rent while occupying and using the land of this case as a road.

Therefore, the plaintiffs, the owner of the land of this case, are obligated to return unjust enrichment equivalent to the rent.

3. Determination on the defendant's defenses by prescription

A. The Defendant’s assertion 1) In order to use the instant land as a road site, the Plaintiff A, B, L, and M (hereinafter “Plaintiff A et al.”) is the owner of the instant land through the acquisition procedure of the land as stipulated in the laws and regulations at the time.

A) The Defendant’s acquisition by prescription of possession of the instant land was completed, as the instant land was occupied in peace and public performance for not less than 20 years after paying and depositing compensation to the Plaintiff and incorporating the instant land into the road site, and then owned the instant land with the intent to own it.