1. Of the judgment of the court of first instance, the part against the Plaintiff (Counterclaim Defendant) regarding the claim for removal of the building and delivery of the land.

1. The reasoning of the judgment citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of

However, the judgment of the court of first instance from the third to the fifteenth day above the fourth judgment shall be made as follows:

2. The part of the dried land was partitioned into the land of G or H on April 6, 1970, in Seoul, Gwanak-gu, Seoul, which is the land before subdivision 440 square meters. The land category of G or H, including the instant land, was changed to the site, its ownership was transferred to I, etc., and the building was constructed on the ground of each divided land around that time.

In addition, the land of this case has been used for a long time as the only passage from each land to a contribution from each land, adjacent to each land partitioned as above, in a narrow and long-distance form.

As such, in a case where another divided land is divided into a housing site and the land in this case is used as a passage of neighboring residents, the original owner of the land in this case shall be deemed to have waived the exclusive and exclusive right to use and benefit from the land by providing it as a road site, etc. without compensation.

In addition, the plaintiff who succeeded to a specific land of this case shall be deemed to have acquired the ownership of the land, either under the circumstance that there is a burden of restricting such use or profit-making.

Therefore, even if the Plaintiff acquired ownership of the land of this case, the right to seek restitution of unjust enrichment from the possession and use of the land is not recognized in principle.

However, the extent that it does not interfere with the passage of the general public even in cases where the Plaintiff, the owner of the instant land, waives his exclusive and exclusive rights to use and benefit from the instant land, or is deemed to have admitted such rights.