1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

The defendant.

Facts of recognition

Attached Form

Each real estate recorded in the list is the land under the circumstances of B, and C inherited the above real estate on December 3, 1953, and C died on March 5, 2002, and D inherited the above real estate on its own.

On April 23, 2019, the Plaintiff purchased each real estate listed in the separate sheet from D on April 23, 2019, and completed the registration of ownership transfer on May 2, 2019.

D transferred to the Plaintiff a claim for return of unjust enrichment equivalent to the rent accrued during the period of occupation without permission by the Defendant of each real estate listed in the attached list, and notified the Defendant of May 15, 2019.

Attached Form

On September 20, 1968, the real estate listed in the list 1 and 2 was divided from E E on September 20, 1968, and land category was changed from all to road.

On October 10, 1974, the land category was changed from the previous road to the road as the F-road size of the F-road in Jeju City was divided from G land to the road.

Jeju-si, 94 square meters prior to H and 48 square meters prior to I were all divided into G land on December 26, 2008.

Attached Form

According to the aerial photography in which each real estate listed in the list was recorded, each real estate listed in paragraphs 1 and 3 of the attached list was actually used for the traffic of the general public since before 1967, while each real estate listed in paragraphs 2, 4, and 5 of the attached list began to be occupied by the defendant as it was transferred to the road when it was transferred to the road for public use or was not transferred to the road by 2011, notwithstanding the change of land category or land division previously taken place.

[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2 (each number is included; hereinafter the same shall apply), and the basic value of land to calculate the amount of unjust enrichment equivalent to the rent for the land occupied and used by the State or a local government as a road, which is the whole purport of the pleading, is the construction of a road by the Road Act, etc. for the land for which the State or a local government has previously previously used for the general traffic.