Of the judgment of the first instance, the part against the plaintiff, which orders additional payment, shall be revoked.

1. Facts of recognition;

A. The Plaintiff is an owner who completed the registration of transfer of ownership on February 23, 1979 with respect to ownership transfer on February 23, 1979 with respect to shares of 2/3 square meters (the following land is the land) among 204 square meters in Seopo-si, Seopo-si, Seopo-si, C, and the registration of transfer of ownership on August 12, 201 with respect to B road 416 square meters (the following land is the land 2 of this case) due to inheritance by consultation division.

B. From July 1, 2006, the Defendant occupied and used and managed each of the above land as a local road.

(c)

From June 20, 2014 to June 19, 2019, the sum of rent for forest land No. 1 is KRW 784,880; the sum of rent for forest land No. 2,486,230; the monthly rent for land No. 2 is KRW 360,550 for land No. 1; and KRW 745,780 for land No. 2.

[Ground of recognition] Unsatisfy, entry of Gap evidence Nos. 1 through 13, the result of the first instance court’s entrustment of appraisal, the purport of whole pleadings

2. According to the facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 3,271,110 as requested by the Plaintiff and the amount of delayed damages, as well as the amount of interest calculated at the rate of KRW 986,146 per annum from June 20, 2019 to the expiration date of possession due to the closure of the road.

As to this, after the Defendant commenced possession of the land of this case on December 8, 198 by the State on December 1, 2006, the Defendant succeeded to the possession and has been occupied until now on July 1, 2006. As such, the period of prescription for the acquisition of possession on December 8, 2008 has expired.

defense.

However, in a case where the State or a local government arbitrarily incorporates land that can occupy the land into a road site by following the local financial law, such as its own burden or donation collection, or the acquisition procedure of public property, etc., the presumption of autonomous possession is broken. On December 8, 198, part of the title title of the instant land, stating that the right to claim for the registration of the transfer of ownership on the acquisition of consultation with a public land on December 8, 198 as the ground for registration was divided from D land alone.