A. On September 16, 1970, the Plaintiff completed each registration of preservation of ownership on each of the lands listed in the separate sheet No. 1 (hereinafter referred to as “instant land”) and No. 2 as to each of the instant land listed in the separate sheet No. 1 (hereinafter referred to as “instant land No. 2”).

B. The Defendant, as shown in the attached Form 2 before the Plaintiff acquired ownership as to the land of this case Nos. 1 and 751 square meters among the land of this case, and 1,522 square meters among the land of this case No. 2, set up a subway station, traffic sign, miter, steel net, mitt, etc. (hereinafter “facilities of this case”) and reached the present time.

On the other hand, among the land No. 2 of this case, the land No. 3 and the land No. 12 of the annexed Form No. 2, there are non-packaged passage through which vehicles, etc. can pass (hereinafter “the passage of this case”).

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2, the result of a request for surveying and appraisal to the Director of the Korea Land Information Corporation, the purport of the whole pleadings

2. The plaintiff asserts that the defendant installed the instant facility and opened the instant passage and possessed the entire land Nos. 1 and 2. Thus, the plaintiff should return the rent of the instant No. 1 and 2 to the plaintiff as unjust enrichment.

As to this, the Defendant asserts that the place where the instant facilities are installed is 751 square meters among the instant land No. 1 and 1,522 square meters among the instant land No. 2, the Defendant’s possession portion among the instant land No. 1 and 2 should be limited to the part where the instant facilities are installed, and that unjust enrichment should be limited to the rent equivalent to the relevant part.

3. Determination

A. “Possession of unjust enrichment” refers to an objective relationship that appears to fall under the factual control of the person in question according to social norms. It does not necessarily mean physical and real control over an object, but rather takes into account the time with the object, spatial relationship and principal right relationship, possibility of excluding others’ control.