1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The plaintiff's assertion and judgment

A. On August 11, 2014, the Plaintiff asserted that he/she acquired the ownership of eight square meters of a road B in Nam-gu Incheon Metropolitan City (hereinafter “instant land”). The instant land is publicly notified as a prospective site for urban planning facilities in Gyeonggi-do publicly notified on October 31, 1978, and the Mayor of Nam-gu Incheon Metropolitan City is using the instant land as a road provided for the general public for traffic after the Plaintiff opened the instant land as an urban planning facility as a project implementer.

Therefore, the Defendant, who occupies and uses the land of this case, is obligated to pay KRW 43,600 per month to the Plaintiff, the owner of the land of this case, with unjust enrichment equivalent to the rent from the date of completion of occupation by the Defendant or the date of loss of Plaintiff’s ownership.

B. According to the reasoning of the evidence Nos. 4 through 7, and Nos. 15 and the overall purport of the film and pleading, it is only recognized that the instant land is used as an access road to the building on the land in Southern-gu Incheon Metropolitan City, which is adjacent to the instant land, based on the following facts: (a) the written evidence Nos. 3 and 4 alone is insufficient to acknowledge that the road was constructed on the instant land; and (b) there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit.

2. As such, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed and it is so decided as per Disposition.