A. Since around 1978, Jin-gu Seoul Special Metropolitan City B (hereinafter “instant land”), D and E shared shares from around 1978, and on April 19, 2003, F received the said D shares, and G subsequently purchased the F and E shares on October 30, 2012, and completed the registration of ownership transfer.

The Plaintiff completed the registration of ownership transfer on the instant land based on sale on December 8, 2015.

B. As part of the sewerage system construction in preparation for habitual flood damage in H neighboring areas around 1998, the Defendant has installed and manage a concrete ditch in the part of the ship connected each point of the 6, 7, 18, 19, 20, 21, 11, 12, 13, 17, 16, 15, and 6 in the order of priority among the land in the instant case.

C. The period for the part of the ditch of this case and the result of the appraisal of rent by the current status of land use are as follows.

On December 8, 2015, the current status of the use of the land during the target period (cost) 13,770 (Optional Fee for Calculation Period) ditch 13,770 on December 31, 2015, 2016; - January 1, 2016; - 53,810 (Monthly Fee for Calculation Period) on August 23, 2016; 【No dispute-based ground for recognition’s 17,750 (Monthly Rent) ; No. 1, Eul evidence 9 (including the provisional number; hereinafter the same shall apply); the result of the commission of the appraisal of the branch office before the Korea Land Information Corporation; the result of the appraisal of the appraisal by the appraiser of the first instance trial; the purport of the entire pleadings by the appraiser of the first instance trial;

2. Summary of the parties' arguments

A. Since the Plaintiff without title occupies the ditches of this case, the Plaintiff, the owner of this case, has the duty to remove the ditches of this case and deliver the part of the land, and return the unjust enrichment gained by using the ditches of this case to the Plaintiff.

B. Defendant 1’s land owner at the time of the construction of the ditch was consented to the construction of the ditch, and no objection was raised by the said land owner after the construction of the ditch, and the Plaintiff also knew that the ditch was installed and that neighboring residents were used as a passage free of charge.