1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 20, 1914, the 1,532 Ha-dong, Ha-dong, Ha-dong, Ha-dong, Seoul, was under the circumstances of D.

Afterwards, the above land was divided into E No. 425 square meters on October 12, 1926, the instant land and the F No. 737 square meters, respectively, and D is written as the owner in the old land cadastre of each of the above land.

B.D died on February 1, 1931, and G, its grandchildren, was inherited by Australia.

After that, G died on June 25, 1981, and H, the Plaintiff, and I jointly inherited the property of G. On June 26, 201, the Plaintiff, H, and I agreed on the division of inherited property to solely inherit the land of this case.

Accordingly, the Plaintiff completed the registration of initial ownership on June 26, 2014, on the instant land, which was about two months before the filing of the instant lawsuit.

C. The Defendant, since the land category of the instant land was changed to a road on October 12, 1926, manages the said land as a road until the date of closing argument of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence 1-5, Gap evidence 7-1, 2, Gap evidence 8, Eul evidence 1-3, the purport of the whole pleadings

2. Since the plaintiff's assertion that the defendant occupies and uses the land of this case owned by the plaintiff as a road, the defendant is obligated to return unjust enrichment from August 28, 2009 to the plaintiff due to the possession and use of the land of this case.

3. Determination

A. According to the facts acknowledged under paragraph (1) above, it is presumed that the land of this case was originally acquired by the owner of the land under the name of D, and thereafter the plaintiff succeeded to the land above in sequence, and thus, it is owned by the plaintiff. Thus, barring any special circumstance, the defendant who occupies and uses the land of this case as a road is obligated to return the profit gained by occupying and using the land of this case to the plaintiff, the owner of the land

B. As to this, the Defendant acquired the land by prescription by occupying the land of this case in peace and public performance from October 12, 1926 to the intention of ownership for 90 years.