1. The defendant shall be the plaintiff.

(a) deliver the E-road 476 square meters in Jeju, and the F-road 10 square meters in Jeju-si;

(b) from January 23, 2019.

1. Basic facts

A. On October 23, 1967, the land category was changed to a road as the land category was divided into H, which was owned by G on October 23, 1967, and the F. 10 square meters of F.M. (hereinafter “B land”) was divided from Jeju-si before December 30, 1973, and the land category was changed to a road.

B. On January 26, 1972, J completed the registration of ownership transfer based on sale on April 13, 1971, and on May 10, 2006, J completed the registration of ownership transfer based on sale on January 26, 1972 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500).

C. On June 13, 2016, J died, and his heir as the wife, there are Plaintiffs, children, L, M, N,O, P, and Plaintiff’s inheritance shares are 2/15.

On July 5, 2016, the Plaintiff completed the registration of ownership transfer due to inheritance by consultation and division on June 13, 2016.

(1) Since 1967, land is actually used as a road, and is incorporated as part of a package road with a width of eight meters following such division and land category change, the Defendant occupied and managed land as a road.

【Ground of recognition】 The fact that there is no dispute, Gap’s evidence 1 through 4, Eul’s evidence 1, 2, and 3, the result of the appraisal of rent by this court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, unless there are special circumstances, the defendant is obliged to deliver the above land to the plaintiff and return unjust enrichment equivalent to the rent to the plaintiff, since the defendant occupies and uses the land without any legal grounds.

B. On the Defendant’s assertion, the Defendant: (a) the road was constructed since before 1967; and (b) the land owner provided the land for the village residents without any restriction; and (c) the general public’s traffic or passage is offered for use by many unspecified persons; and (b) the former owner or the Plaintiff was ① and ② the land.