1. The plaintiff's claim is dismissed.

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

1. Determination as to the cause of claim

(a) The real estate listed in the separate sheet No. 1 (hereinafter referred to as the “instant real estate”)

(2) The real estate of this case was owned by the Plaintiff’s original father on March 17, 1984 due to a consultation division, and the Plaintiff’s ownership transfer registration was made in sequence in the order of the Plaintiff on March 5, 2012. (2) The real estate of this case was used as a road on the day the land category was changed from farmland to a road on the same day as the day the above was divided, and it was used as a road until the end of the pleadings of this case. The real estate of this case had structures listed in the attached Table 2 on the ground that the real estate of this case was owned by the Plaintiff.

3) On September 4, 1996, the Defendant completed a public announcement on the recognition of routes (Gun roads E) with respect to a road including the instant real estate. However, on the ground that it has already been used as a road, it manages it as a local highway without making a public announcement on the determination of a road zone and a public announcement on the commencement of the use of the road, on the ground that it is already used as a road. 4) If there is no deposit, the amount equivalent to the rent is KRW 72,00 per month as of August 13, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Gap evidence No. 4-1 to 3, Gap evidence No. 7, the result of the commission of appraisal to the appraisal corporation which was the date of the dispute resolution, the purport of the whole pleadings

B. According to the above facts of determination, the Defendant, as the managing body of the road including the instant real estate, did not have a legitimate title to possess and use the instant real estate, is obligated to deliver the said real estate to the Plaintiff, and to return unjust enrichment equivalent to the rent for the possession and use of the instant real estate without title, as long as the Defendant did not have a legitimate right to possess and use the instant real estate.

2. The defendant's assertion and judgment

A. The Defendant’s assertion that the instant real estate was donated or compensated by the deceased C as part of the self-help project according to the so-called Saemaul Movement around 1960.