1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is an owner on the registry of 3.9 square meters in Daegu Jung-gu C road (hereinafter “instant land”).

On June 7, 1980, the land category of this case was changed from the site to the road as above, and was divided into D land which was maternity. The Plaintiff purchased the land before subdivision on August 3, 1968 and completed the registration of ownership transfer on August 19, 196.

B. The Plaintiff sold the remaining land 49 square meters and E site 66.1 square meters to F and G around June 2, 1980, other than the instant land, on the land before subdivision. Since each land sold was sold before the former, each land sold was merged, and the Intervenor’s Intervenor owned the E site 115.1 square meters in which the E site was combined and operated a restaurant on that ground.

C. On the other hand, on November 18, 1974 with respect to neighboring land, including the instant land, there was a decision of the urban planning facility (road) in Hro-ro name of the route as a public announcement of the latitude-do on November 18, 1974, and thereafter the above A.

At present following the change of land category of the instant land and the division of land, as described in the paragraph, the portion of “cock (0.4 square meters)”, such as the indication of the attached drawing, is provided as a passage to the general public, and among them, the part of “divable” (3.5 square meters) is installed as a stairs entering the restaurant of the Intervenor joining the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 through 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that from June 7, 1980, the land category of the instant land was arbitrarily changed from the site to the road, the Defendant occupied and used the instant land without permission. The Defendant asserts that from November 14, 2010, the land category of the instant land was returned to the Plaintiff as unjust enrichment from November 14, 2010, five years before the date of filing the instant lawsuit.

The Defendant is merely 0.4 square meters of the part of the instant land used as a road. The Defendant’s possession of the instant land is an independent possession, and it is from June 7, 1980.