A. On October 17, 1976, the registration of transfer of ownership in the name of C and D was completed on the ground of sale as of October 17, 1994 received on November 17, 1994 by the Seoul and D, as of May 11, 2010, as of May 11, 2010, the registration of transfer of ownership in the name of E was completed on the ground of sale as of May 11, 201, as of June 2, 2014, and as of June 2, 2014, the registration of transfer of ownership in the name of the Plaintiff was completed on the ground of sale as of June 17, 2014 by the court.

B. The instant land is located near the Gwestwest located in Ulsan-gu, the area of which is located in the vicinity of the Gwest-gu, the area surrounding apartment houses and neighborhood living facilities, etc., and among the said land, the area of part (i) of 193 square meters in the ship (hereinafter “the part on the instant land”) (hereinafter “the part on the instant land”) connected each point of the attached Table Nos. 1, 2, 3, 4, 5, 6, 15, 16, 17, 18, and 1 among the above land was used as a road for the traffic of the general public from around 193 to the date of closing the argument in the instant case after the road packing until 196.

[Ground of recognition] Unsatisfy, Gap evidence 1, 3 through 6, each and images (including where there is a serial number), the result of the measurement and appraisal commission to the Ulsan District Information Corporation in the Republic of Korea, the purport of this Court before oral pleadings

2. The assertion and judgment

A. According to the above facts, the Defendant occupied and managed the part on the instant land (a) in the road site from around 1993 to the road site, and obtained unjust enrichment equivalent to the rent without any legal cause, and thereby, sustained damages equivalent to the same amount from the Plaintiff, the owner of the instant land.

Therefore, barring special circumstances, the Defendant is obligated to return to the Plaintiff unjust enrichment equivalent to the rent from the acquisition date of the Plaintiff’s land ownership until the date when the Plaintiffs lose their ownership on the instant land or until the completion date of the Defendant’

B. The defendant asserts as follows.

In other words, when the Plaintiff acquired the instant land, the instant land is a general public passage road.