The part against the defendant in the judgment of the first instance shall be revoked.

The plaintiff (appointed party) and the appointed party with respect to the cancellation portion.

1. Basic facts

A. On January 21, 2015, Plaintiff and Selection C (hereinafter “Plaintiff, etc.”) completed the registration of ownership transfer on the instant land on the grounds of sale by voluntary auction on January 5, 2015.

B. Since around 1981, the instant land was used as a bank adjacent to the river. However, while performing the E Village Construction from August 10, 2004 to September 8, 2004, the Defendant installed a concrete packaging work of 288.4m length on the road (G), including the instant land, and installed a guard, and installed an excellent pipe.

C. At present, the instant land is officially used for the traffic of the general public, including E residents.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 4, Gap evidence 5, Eul evidence 1 to 3 (including provisional number) and the purport of whole pleadings

2. Determination as to the cause of action

A. The plaintiff et al. is the owner of the land of this case who occupies and uses the land of this case without any title. Thus, the defendant is obligated to remove concrete packaging installed on the land of this case to the plaintiff et al., deliver the land of this case, and return unjust enrichment equivalent to the rent that the defendant acquired by occupying and using the land of this case.

B. The judgment owner may demand the return of the article from the person who possesses it (Article 213 of the Civil Act), and since the plaintiff et al. is the owner of the road site of this case as seen earlier, it is examined whether the defendant occupied the land of this case.

Persons other than the state or local government, for example, in the case of the construction, or the reconstruction, maintenance, or repair of existing roads, the de facto controlling entity of the roads can not be said to be the state or local government.

However, it is constructed in the form of a residents' self-help project.