1. The Defendant owns the Plaintiff’s ownership of KRW 6,808,600 and the Plaintiff’s ownership of KRW 50,000 from September 19, 2014, Dongdaemun-gu Seoul.

1. Facts of recognition;

A. On December 12, 1985, the network C purchased the land indicated in the order (hereinafter “instant land”) and completed the registration of ownership transfer on the same day.

B. On April 27, 2012, the Deceased died with five children, including the Plaintiff, as his heir. The deceased’s heir made an agreement on the division of inherited property with the content of the instant land owned by the Plaintiff.

C. Since March 200, the instant land was newly constructed a D apartment on the neighboring land (hereinafter “instant apartment”) and packed it as asphalt to use it as an access road to the apartment, and was used as a passage for the neighboring residents even before that time.

If the instant land is used as a road, the rent shall be KRW 6,808,600 from January 3, 2009 to September 18, 2014, and the rent in January 2014 is KRW 100,800.

[Reasons for Recognition] A without dispute; Gap evidence 1 to 6; Eul evidence 1 to 4, 6, 7; Eul evidence 8-1, 2; Eul evidence 9; the result of the appraiser E’s survey and appraisal; the result of the appraiser F’s survey and appraisal; the purport of the whole pleadings

2. The assertion and judgment

A. (1) The establishment of the right to claim restitution of unjust enrichment (1) where the State or a local government executes the reconstruction or maintenance and repair of roads, such as expansion of existing roads, packing of roads, and installation of sewerage system, and uses them for the general public without any act of establishing a road pursuant to the Road Act, etc., such road shall be deemed to have been under the de facto control of the State or the local government, and thus, it may be deemed that occupation

According to the above facts, it appears that the World co-ownership packed the land of this case as asphalt to obtain authorization from the defendant for the new apartment construction project of this case, and the defendant around March 2000 when the new apartment of this case was built.