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

Purport of claim and appeal

The first instance court.

A. The land of this case is the land where the Plaintiff’s mother is the deceased C (hereinafter “the deceased”) completed the registration of ownership transfer on December 11, 1974.

B. The Defendant, when executing road works between D around 1984, has incorporated the instant land into a road site, and has been occupied and used as a road until now since the completion of road construction works.

C. On the other hand, the Deceased died on April 4, 2001, and on April 28, 201, the inheritors, including the Plaintiff, made an agreement on the division of inherited property with the Plaintiff’s sole ownership of the instant land.

[Ground of recognition] Gap evidence Nos. 1, 2, 3, 6, 7, Eul evidence Nos. 2, 3, and 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to return unjust enrichment from May 6, 2009 to the expiration date of possession of the land of this case or the date of loss of the plaintiff's ownership, as the plaintiff seeks, unless there are special circumstances to the contrary.

B. As to the Defendant’s assertion on lawful acquisition of ownership, the Defendant asserted that the Plaintiff could not respond to the Plaintiff’s claim, since the Defendant deposited the instant land in order to use it as a road site in order to use it as a road site, and lawfully acquired the ownership of the said land.

According to the evidence mentioned above, Gap evidence, Eul evidence Nos. 4, 5, and Eul evidence No. 1, the defendant purchased real estate indicated below, which is the land incorporated into the loan, and paid the price to the creditor, on January 5, 1984, under the law section No. 69 of the Seoul District Court's 1984, "Article 487 of the Civil Code", "defluence of the address and name of the person who will receive deposited goods", and "the deposit cause" means that the depositor purchased the real estate indicated below, which is the land incorporated into the loan, and paid the price.