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

Purport of claim and appeal

The first instance court.

A. On February 11, 1976, 1976, the land area of 2,729 square meters is divided into the land of 179 square meters E, the land area of 179 square meters and 16 square meters, which was owned by Dong-gu, Chungcheongnam-gu, Seoul (hereinafter “C”).

B. Of the divided lands, the registration of ownership transfer was completed in the name of G, the Plaintiff’s mother, on April 1, 1976, with respect to F 149 square meters and E 179 square meters.

C. On November 30, 2004, E, 179 square meters of land was divided into E, E, 167 square meters of land and H, 12 square meters of land under paragraph (2) of the attached Table No. 1 of the attached Table No. 1 of this case (hereinafter the above E and H land were “each land of this case,” and the number of land No. C is omitted). As to each land of this case, the transfer registration for ownership was completed on September 4, 1991 under the Plaintiff’s name on September 7, 2006.

On December 22, 2005, the defendant around the land of this case, and each of the land of this case is being used as a road through which general residents and vehicles pass.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including provisional number; hereinafter the same shall apply), Eul evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that: (a) from around December 22, 2005, the Defendant occupied and used each of the instant land owned by the Plaintiff as a road without any legal cause; (b) thereby gaining unjust enrichment equivalent to the rent; and (c) as such, the Plaintiff suffered damages equivalent to the same amount; (d) the Defendant is obligated to return to the Plaintiff money at the rate of KRW 823,750 per annum from September 18, 2010 to September 17, 2015, the sum of the rent from September 18, 2010 to September 17, 2015, the five-year period prior to the filing date of the instant lawsuit, and the Plaintiff’s filing date of the instant lawsuit, from September 18, 2015 to September 18, 2015, the date of closing the Defendant’s road or the date of losing the Plaintiff’s ownership.

B. Among the lands divided in D before the Defendant’s assertion, seven parcels, such as I, J, K, L, M, N, andO, located centered on each of the instant lands were divided into a single house site, and each of the instant lands is divided into a single house site.