2. The plaintiffs are responsible for total costs of the lawsuit after the filing of the appeal.

purport.

A. On January 7, 1936, the land D, Gyeonggi-do, was divided into E forest and field, and the land category was changed to the road on January 8, 1936. On February 1, 1992, the name of the administrative district was changed to Seoyang-gu F, Yangyang-gu, and the land listed in attached Table 1 (hereinafter “instant land”).

On February 18, 1992, the land listed in Paragraph 2 of the same List (hereinafter “instant land”) was divided into the land located in Gyeyang-gu Seoul Metropolitan Government G on February 18, 1992.

B. Around October 20, 1936, H completed the registration of ownership transfer with respect to the land No. 1 and the land above G.

Land Nos. 1 and 2 of this case is assigned to the sections of the construction of national highways 39 lines executed by the Seoul Regional Land Management Agency around 1972, and the defendant occupies and manages the national highways as part of the 39 lines until now.

C. H died on April 2, 1976.

The heir of the network H is the wife I and the plaintiffs who are children.

I died on February 17, 1996.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 2 (including each number), the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition as to the cause of claim, the defendant acquired benefits equivalent to the benefits of use by occupying and using the land Nos. 1 and 2 of this case as part of the national highways No. 39, and thereby suffered damages equivalent to the same amount from the plaintiffs who are its owners.

Unless there are special circumstances such as prescriptive acquisition, the defendant is obligated to return unjust enrichment from the above possession and use to the plaintiffs.

B. The defendant's assertion (1) asserts that from around 1972, the defendant occupied each of the land of this case in peace and public performance with intent to own it for at least 20 years, and acquired extinctive prescription around 192.

If the nature of possessory right of real estate is not clear, the possessor in accordance with Article 197(1) of the Civil Code is acting in good faith, peace and good faith.