1. The defendant shall be the plaintiff.

A. Of the land size of 872 square meters in North-gu B forest land in Pohang-gu, Northern-gu, Pohang-si, the annexed drawing Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11.

1. Case summary and judgment

A. The Plaintiff, the cause of the Plaintiff, on August 30, 2004, is the owner who completed the relevant registration of ownership transfer with respect to the land B forest land B in Seo-gu, Chungcheongnam-gu (hereinafter “instant land”), and the Defendant occupied and used the part of “bbb” indicated in the annexed drawing No. 1 among the instant land as the asphalt package, and the fact that the rent for the instant land is assessed as indicated in the annexed sheet No. 2, is not disputed between the parties, or is recognized by comprehensively considering the overall purport of each request for appraisal by the Korea Land Information Corporation and the appraiser C of the instant court in the statement of evidence No. 4.

According to the above facts, since the defendant occupies and uses the above part of "b" and interferes with the plaintiff's exercise of ownership, it is obligated to restore the above part of the land to its original state and deliver it to the plaintiff and return unjust enrichment equivalent to the rent from the possession and use.

B. As to the waiver of exclusive, exclusive, and beneficial rights, the Defendant asserts that the Plaintiff renounced exclusive, exclusive, and exclusive rights to use the said “b” portion as a village public road, and that the owner of the land gave up the exclusive, exclusive, and exclusive rights to use the said portion for the purpose of the general public, such as the road and the site laid underground, the owner of the land shall comprehensively take into account the following circumstances: (a) the details and period of possession of the land; (b) the details and scale of the owner’s provision of the land; (c) the details and extent of the provision of the land; (d) the existence of the owner’s interests or benefits from the provision of the land; (d) the location and form of the relevant part; (e) the relationship with the neighboring land; and (e) the comparison and balancing between the public interests, if the owner may be deemed to have waived the exclusive, exclusive, and exclusive