1. The plaintiff's primary and conjunctive claims are dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Facts of recognition;

A. On August 30, 1965, the land of this case was divided into 20 square meters (66 square meters if it is converted into a square meter; hereinafter referred to as “instant land”) and 41 square meters (136 square meters if it is converted into a square meter) on the part of the Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City (hereinafter referred to as “the land before subdivision,” and the land category of this case was also changed to a road.

Since then, the deceased F, the deceased G, and the deceased H’s successors on the instant land completed the registration of initial ownership on June 24, 199, and thereafter the Plaintiff purchased the instant land on September 20, 2016 and completed the registration of ownership transfer in the name of the Plaintiff on the same day.

B. The instant land is currently packed in asphalt and used as a road for public use in the traffic of the general public.

C. The rent of the instant land is KRW 38,200 per month from September 20, 2016 to September 19, 2017, and KRW 41,600 per month from September 20, 2017 to September 19, 2018, based on the current status of the road.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Eul evidence 1-2, Eul evidence 3-2 and Eul evidence 3-3, the result of the appraisal of rent by the appraiser I of this court, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant uses and benefits from the instant land owned by the Plaintiff as a road for public interest purposes. The Defendant is obligated to deliver the instant land to the Plaintiff, and the Defendant is obligated to pay the amount equivalent to the market price of the instant land and the amount equivalent to the rent from September 20, 2016, where it is impossible to transfer the instant land as a conjunctive. 2) The Defendant’s assertion does not occupy the instant land.

In around 1965, the land category was changed to a road as it was provided as a passage to construct a church on the neighboring land. At the time of the instant land, the owner of the instant land renounced exclusive and exclusive rights to use and benefit from the instant land.

B. The State whether the Defendant occupied the instant land or not.