1. On November 3, 1989, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) with respect to the size of 410 square meters on the road B in Young-si.

1. Basic facts

A. On September 13, 2007, registration of preservation of ownership was made in the name of the Plaintiff with respect to B-road No. 410 square meters (hereinafter “instant land”).

B. The land cadastre of the instant land was examined by C on June 11, 1914, and the land category was changed to “road” on November 3, 1969, and thereafter, the Plaintiff entered as the owner on September 13, 2007.

C. Meanwhile, the Defendant occupied and managed the instant land as a road from November 3, 1969, the land category of which was changed to a road, until then. The instant land is currently being used as a road site in national highways D road zones.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 4 and 7, video and the purport of the whole pleadings

2. Determinations and counterclaims shall be made together.

According to the aforementioned facts and the purport of the entire pleadings, the Defendant is obligated to return unjust enrichment from the possession and use of the instant land, which is owned by the Plaintiff, to the Plaintiff, barring any special circumstance.

On the other hand, the defendant defense that he occupied the land of this case in good faith, peace, and public performance for at least 20 years from November 3, 1969, which was changed to a road category, and acquired the prescription of possession of the land of this case on November 3, 1989, from November 3, 1989, since the defendant had occupied the land of this case on the other hand. According to the above basic facts, the defendant was found to have occupied the land of this case until 20 years since November 3, 1969 when the land category was changed to a road. Such defendant's possession is presumed to have been bona fide, peace, and public performance with the intention of possession. Unless there are special circumstances, the prescription of possession of the land of this case was completed on November 3, 1989 when 20 years elapsed from November 3, 1989.

the real estate. The real estate has been registered.