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1. The plaintiff's appeal and the claim extended in the trial are all dismissed.
2. This is due to the extension of claims for the costs of appeal.
Reasons
1. Basic facts
A. On September 25, 1992, on the grounds of a sales contract as of August 29, 1992, B B (hereinafter “instant land”), the registration of ownership transfer was completed in the name of C, the spouse of the Plaintiff, on the ground that the Plaintiff was donated the instant land from C on November 17, 2014, and the registration of ownership transfer was completed in the name of the Plaintiff on November 30, 2014.
B. Of the instant land, approximately 91 square meters of the instant land is being used as a road before C acquires ownership of the instant land.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-1, Eul evidence 1-1, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion is the owner of the land of this case. The defendant constructed a road without any authority on the ground of this case and occupied and used the land of this case without permission by installing pipes on the ground, which are not used for use, and thus, the plaintiff is obligated to return unjust enrichment therefrom to the plaintiff or to compensate for damages caused by infringement of the plaintiff's right
(The plaintiff changed the purport and the cause of the claim in the trial, and it is unclear whether the plaintiff changed the cause of the claim in exchange for another person or not).
The road on the ground of the Defendant’s assertion was established prior to C’s acquisition of ownership, and the Defendant, at least 20 years of possession and public performance, occupied and used the instant land, thereby acquiring the instant land by prescription.
In addition, the plaintiff and C, the spouse of the plaintiff, even though they are well aware that the land of this case is being used as a road, they did not raise any objection thereto for more than 20 years, so they would waive their exclusive and exclusive rights to use and benefit from the land of this case.
In addition, the Plaintiff’s donation of this case’s land on November 17, 2014 from C, the spouse of the Plaintiff.