2. The costs of lawsuit shall be borne by the Plaintiff.

A. On August 30, 1973, the Plaintiff acquired the ownership of the land of 33818 square meters of D forest land (hereinafter “land before partition”).

B. On July 25, 1991, the land before subdivision was divided into 3,853 square meters, E forest and 46 square meters, etc. The land category of the said land was changed to “road” on March 25, 1993, and the administrative jurisdiction was changed from “Yanam-do, Jeonnam-do,” to “Yanam-do, Yanam-do,” and on January 1, 1995, the land category of the said land was changed to “road.”

(C) The land above C before and after the change of land category and the change of administrative district (hereinafter “instant land”).

From that time, the Defendant occupied and used the instant land from that time to that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The Defendant asserted that the Plaintiff did not pay compensation for losses, and opened the instant land as a road without paying compensation for losses, thereby gaining unjust enrichment equivalent to the land rent and causing damages to the Plaintiff. As such, the Defendant is obligated to pay to the Plaintiff unjust enrichment equivalent to the land rent from the date of occupation of the instant land to the date of expiration of occupation or the date of loss of the Plaintiff’s ownership.

3. The judgment of this Court

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to return unjust enrichment from the possession and use of the land in this case to the plaintiff, who is the owner of the land in this case, obtained profit equivalent to the use profit by occupying and using the land in this case as a road. As such, the defendant is obligated to return the same amount to the plaintiff, barring special circumstances.

B. Determination on the Defendant’s claim for the acquisition by prescription is 1) It is presumed that the possessor has occupied in good faith, peace, and public performance with the intention of ownership (Article 197(1) of the Civil Act).