1. The defendant shall be the plaintiff.

(a) Attached Form 1, among the area B, 198 square meters in 198 m2, shall be indicated in attached Form 1 drawings, crocities, divities, e.g.,6, 7, 51, 41.

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer on August 28, 1981 for the instant land based on sale on April 5, 1959.

B. Since around 1970, the road site of this case was provided as a road to the residents of the residents of the Dauri-gun, Jeonnam-gun. The defendant used the road site of this case as a road from around that time to the date of closing argument of this case.

C. In addition, the ground of the instant road site is packed with concrete, and there is a lid which is the manle lid, and the Defendant laid down sewage pipes and water pipes around the instant road site around March 2002 and February 2009, respectively.

[Reasons for Recognition] Facts without a partial dispute, Gap's statements or images as to Gap's evidence 1, 2, and 8 through 10, and the fact-finding on the water supply and sewerage facilities business offices of the new Military Service in this Court, the result of the surveying and appraisal by the Korea National Land Information Corporation, the purport

2. Determination

A. 1) According to the facts of the above recognition as to the claim for the removal of the instant road site and the delivery of the instant road site, the Defendant, without any justifiable right to occupy, occupied and used the instant road site, which is owned by the Plaintiff, and used concrete packaging on the ground of the instant road site, and installed a lid with the frontle lid, barring special circumstances, the Plaintiff, the owner of the instant road site, who is the owner of the instant road site, has the duty to remove concrete packaging and file file lids installed on the instant road site, and deliver the instant road site to the Plaintiff. 2) The Defendant, without any legal cause, has the duty to take a determination as to the claim for the return of unjust enrichment, on the ground that the instant road site occupies and uses the instant road site and obtains profits therefrom, and thereby causes damage to the Plaintiff, barring special circumstances, is obligated to return unjust enrichment resulting from the occupancy and use of the instant

Furthermore, with respect to the amount of unjust enrichment, it is normal.