1. The defendant,

A. Of the area of 137 square meters of the 1,2,3,4,4,5,6, and 1 of the attached Form among the area of 137 square meters of the Goyang-gu Seoul Metropolitan City D road to the plaintiffs.

1. Basic facts

A. On December 1, 1941, the land category E was changed to a road, and after the conversion of the area, part of the above land was divided on June 8, 198, and the name of the administrative district was changed on September 8, 1992, and the land area was 137 square meters in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu. The name of the administrative district was changed and its status was 1,2,3,4,4,5,6, and 1. The same applies to the part on board (hereinafter “instant land”).

B. On May 3, 1946, F acquired ownership in the column for change of ownership in the old land cadastre as to the instant land, and recorded that the registration of ownership preservation was completed in G’s name on September 8, 1954, and that ownership was transferred to H on March 29, 198.

C. On July 20, 198, Plaintiff A transferred the ownership of the instant land from H, and on September 6, 198, Plaintiff A transferred the ownership of 51/195 of the said land to Plaintiff B.

At present, the instant land is packaged as a road and is offered for public traffic, such as vehicle traffic.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1 through 4, Eul evidence 2 through 6, and the purport of whole pleadings

2. Determination on the cause of the claim

A. According to the facts of recognition of removal and delivery claims, the defendant, as the managing body of the land of this case, shall be deemed to possess the road by packaging the road and providing it to the public traffic. Thus, the defendant is obligated to remove the above land packing roads and deliver the above land to the plaintiffs, who are the land owners of this case.

B. The Defendant, as the managing body of the instant land, is obligated to return unjust enrichment obtained by using the instant land as a road. In ordinary cases, the amount of profit arising from the possession and use of real estate is equivalent to the amount of rent. According to the result of the court’s appraisal of rent, the annual amount of rent for one year before the filing date of the instant lawsuit ( October 21, 2016) (from October 22, 2015 to October 21, 2016) is 2,715.