1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning of the judgment of the court of first instance citing the reasoning of this case is as stated in the corresponding part of the judgment of the court of first instance, except for adding the judgment of the court of first instance under paragraph (2) below. Thus, it is citing it as it is in accordance with the main sentence

2. The defendant asserts that the Governor of the Gyeonggi-do shall not file a claim for return of unjust enrichment due to the possession and use of the land in this case against the defendant, since the Governor of the Gyeonggi-do shall delegate only the affairs related to the local highway whose land in this case is the site to the Mayor of the Dong-cheon City pursuant to the Gyeonggi-do Ordinance on the Delegation of Administrative Affairs (limited to the maintenance, management, removal, etc. of lighting facilities), the construction or maintenance of other structures, and the construction and management of road signs, and only the affairs related to the maintenance and management of roads are in charge of the Governor of the Gyeonggi-do, and the management agency of the local highway whose land in this case is the land in this case shall be in charge of the maintenance and management of roads.

Therefore, it is obvious that the defendant occupies and uses a local highway, the site of which is the land of this case, even if he was partially delegated by the Governor of the Gyeonggi-do in accordance with the Gyeonggi-do Ordinance on Delegation of Administrative Affairs, as part of the affairs concerning the maintenance and management of a local highway, the site of which is the land of this case, within the delegated scope as above. Thus, the defendant's above assertion is groundless

3. As such, the plaintiff's claim against the defendant of this case is justified within the above scope of recognition, and the remaining claim shall be dismissed as it is without merit. The judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.