(a) Out of the real estate listed in the attached list, the attached drawings are indicated, c.c., 5, 6, 7, 3.

A. On June 5, 2001, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The Defendant, as part of an urban planning road establishment project around 1995, performed a construction work attached to Indian high-tension block on the ground of (b) part 17 square meters (hereinafter “instant (B) land”) connected each point of the instant real estate, among the instant real estate, in turn, with the indication of drawings, cream, e-mail, 6, 7, 37, and 17 square meters (hereinafter “instant (B)”). The instant land portion has been used for the general public’s passage.

C. Among the instant real estate, the portion of 12 square meters on the ship (A) connected in sequence of each point of Section 1, 2, 5, 3, 4, 1, and 1, among the instant real estate (hereinafter “instant (A), cannot be identified from an accurate date, but the Plaintiff was used as a passage to the general public prior to the acquisition of ownership of the instant real estate, and the Defendant removed the road and delivered the instant (A) land to the Plaintiff on April 30, 2013.

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

2. Determination

A. According to the above fact-finding on the claim for removal and delivery of the land of this case, the defendant is obligated to remove the road package on the ground of the land of this case owned by the plaintiff and deliver it to the public for the passage of the land of this case. Thus, the defendant occupies the land of this case. Thus, barring any special circumstance, the defendant is obligated to remove the road of this case on the ground of the land of this case and deliver the land to the plaintiff.

B. In addition, the Defendant is obligated to return unjust enrichment equivalent to the rent to the Plaintiff, the owner of the instant real estate, by occupying, using, and using the instant land as a road without a legitimate title. Furthermore, the amount of unjust enrichment is not in the absence of special circumstances.