A. The attached appraisal marks 16, 6, 7, and 16 shall be attached to the attached sheet among the 266m2 in Jinju-si.

A. The Plaintiff purchased and owned the instant land on March 6, 1997, and Defendant B purchased the instant land from Nonparty D on December 23, 2004, E-gi 239 square meters and its ground (hereinafter “instant building”).

B. The land in the part of the instant case (b) is connected to the contribution to the part of the road that village residents have used since 1960.

C. Of the instant land, there is a structure owned by the Defendant B on the ground of five square meters (hereinafter “the part of the instant land”) on the part of five square meters in the ship connected with each point of indicated 16,6,7, and16, among the instant land.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 4 and 5 (including each number), the purport of the whole pleadings

2. Determination as to the claim against Defendant Jinju

A. The Plaintiff’s assertion asserts that the Defendant Jinju, who was managing F. F. 902 square meters adjacent to the instant land, was on cement packaging on the instant road at the bottom of the date on which the Defendant Jinju, and used it as a road by expanding and packaging the instant part of the land to the extent that it was incorporated into the road without a legitimate title. As such, the Defendant Jinju asserts that the Defendant Jinju, who was obligated to deliver the land to the Plaintiff and return unjust enrichment due to the occupation

B. A person other than the State or a local government, for example, a person who actually opens a road due to self-helping projects, or actually constructs, maintains, or repairs a existing road, the de facto controlling entity of the road cannot be said to be the State or a local government.

However, even if a road is constructed in the form of a resident self-help project, if the State or a local government bears a substantial portion of the construction cost and recognizes special circumstances such as where the road is being directly in charge of maintenance and repair of the road after the completion of the construction.