A. On April 30, 1924, H completed the registration of ownership preservation on each land listed in the separate sheet No. 1 (hereinafter “each land of this case”). On March 16, 201, the Defendants, the inheritors of H, completed the registration of ownership transfer on each land of this case, based on the inheritance on May 12, 1930, as to the shares of each Defendant indicated in the separate sheet No. 2 in the ownership ratio column of the separate sheet No. 2 (hereinafter “instant shares”).

B. Each of the instant lands was designated as a “one-class road between Gyeongsung and Seosan” as a planned site on July 25, 191 by the Joseon General Announcement No. 236, and on November 25, 1925, the land category was changed to a road, and was incorporated as part of the “Tgu-Gyeongsan Road” after the land category was changed to a road. From November 25, 1925 to June 30, 1981, Gyeongsan-gun and from July 1, 1981, the Plaintiff, who succeeded to the possession of Gyeongsan-gun, occupied and managed it as a road, provided it for the passage of public and vehicles up to now.

C. On April 27, 2011, the Defendants filed a lawsuit against the Plaintiff on the claim for return of unjust enrichment equivalent to the rent for each of the instant land by Daegu District Court Decision 2011Da27711, and finally, on October 1, 2014, the Daegu District Court Decision 2014Na6136, which rejected the Defendants’ claim for return of unjust enrichment, was handed down on October 23, 2014, on the ground that the Plaintiff acquired each of the instant land by prescription.

[Ground] Defendant 1, 2, 5, 6, and 7: The judgment without pleading (Article 208(3)1 of the Civil Procedure Act); Defendant 3: The judgment by service by public notice (Article 208(3)3 of the Civil Procedure Act); Defendant 4: Each description of evidence Nos. 1, 2, and 3 (including additional numbers) and the purport of the entire pleadings

2. In light of the facts established prior to the determination as to the cause of the claim, it is presumed that each of the instant lands was incorporated into a road site between Daegu and Busan, and offered for public passage, from November 25, 1925 to June 30, 1981, the Gyeongsan-gun, and from July 1, 1981 to July 1, 1981, the Plaintiff is presumed to have occupied the land of this case in a peaceful manner with its own intent to own each of the instant lands, and thus, it is presumed that the Plaintiff has occupied the land of this case. <