A. On December 27, 1966, the Plaintiff’s registration of ownership transfer was completed in the name of the deceased E (the deceased on December 27, 2016, hereinafter “the deceased”).

B. On June 27, 2017, the Plaintiff completed the registration of ownership transfer of the instant land due to inheritance by agreement division.

C. The land category of this case was changed to a site as the land category was divided from the F of Jeju-si, where the land category was previously owned, in 1966, and the land category was changed to a road on April 30, 1974.

The instant land is “City/Do” under the Road Act, and the said land is used as the passage of the general public.

[Reasons for Recognition] Unsatisfy, Gap 1-4 evidence, Eul 3 evidence (including numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s construction and management of the instant land that was the site without lawful compensation, the Defendant shall deliver the instant land to the Plaintiff, and shall return the amount equivalent to the rent calculated by the current state at the time of selective incorporation into the road as unjust enrichment.

B. The Defendant appears to have been using the instant land as a road prior to the change of land category, and the Defendant, with the intention of self-Possession possession for more than 40 years, provided the instant land to unspecified persons for traffic and traffic benefits by managing and occupying it as a road in a peaceful and public manner. As such, the Defendant acquired the ownership of the instant land by prescription.

3. Determination

A. As to a claim for land delivery, Article 4 of the Road Act (amended by Act No. 12248, Jan. 14, 2014); Article 4 of the same Act (amended by Act No. 12248, Jan. 14, 2014); and Article 3 of the Road Act (amended by Act No. 3) stipulates that a private right may not be exercised against a site, retaining wall, and other things constituting a road; and a road subject to the application of the same Act