Litigation costs shall be borne by the plaintiff.

A. On October 191, 191, the Plaintiff opened a road (hereinafter “instant road”) on the ground of G land among the real estate listed in the separate sheet (hereinafter “each land of this case”) owned by Nonparty F, and the land listed in paragraph (1) G and paragraph (2) on the ground of H soil.

B. At the time of the construction of the instant road, the Defendant compensated F for KRW 1,6397,500 (= KRW 2,500,000) with an appraisal price per square meter of KRW 2,50,000 at the time of the construction of the instant road.

(c)

On April 3, 2001, the Plaintiff purchased each of the instant land through a voluntary auction, and completed the registration of transfer of ownership.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 9 (including various numbers; hereinafter the same shall apply), Eul evidence No. 3, the purport of the whole pleadings

2. To arrange the arguments and issues of the parties;

A. The gist of the Plaintiff’s assertion (1) The Defendant, without any legal title, opened and occupies a road on the G land without any legal title, and also occupies H land. As such, the current status of land use is obligated to return unjust gains equivalent to the rent based on the publicly notified land price on the premise that it is dry field.

② The statute of limitations for the acquisition of contribution possession has expired.

B. The summary of the Defendant’s assertion ① The size occupied by the Defendant and the amount equivalent to the rent was not specified properly.

② As to G land, the Defendant’s acquisition of possession was completed.

③ The Plaintiff renounced the exclusive right to use each of the instant lands.

(c)

(3) Whether the Defendant’s possession area and the amount equivalent to the rent due to the possession of each land of this case belongs to the disadvantage of an unspecified person, i.e., the ultimate ownership of the land of this case (affirmative of each acquisition by prescription)

3. Judgment by issue

A. We examine the determination on H land. The evidence submitted by the Plaintiff alone is that the Defendant opened or occupied a road on the ground of H land.