1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Basic facts: (a) on July 10, 1970, the Plaintiff acquired the ownership of each of the 1/4 shares of the following: B 267 square meters (hereinafter referred to as “each of the instant land” on June 2, 1977) and C 24 square meters (hereinafter referred to as “the instant land 1 square meters”); and (b) on June 2, 197, the Plaintiff acquired the ownership of each of the instant land in combination with the instant land 1.

② On May 21, 1976, the land category of the instant case was changed to a road. The Defendant, around that time, incorporation of each of the instant land into a part of the road site while performing construction works for expanding the industrial roads in front of the Busan Educational University. Since then, it was now entering into the land as part of the road site, there has been pollution on the passage of the general public.

【In the absence of a dispute over a part of the grounds for recognition, the entries in Gap's 1, 2, and 3, and Eul's 1-1, 2, Eul's 1-2, Eul's 2-1, 2, 3, Eul's 3-1, 3-2, and Eul's 3-2, and the purport of the whole pleadings

2. According to the facts established in principle that the obligation to return unjust enrichment was established, the Defendant is obligated to return the unjust enrichment resulting from the possession and use of each of the instant land to the Plaintiff, a right holder of the instant land, to the Plaintiff, barring special circumstances, since the Defendant gains profit by occupying and using the said land from the time each of the instant land was incorporated into the said industry.

3. Completion of the prescription period for possession; and

A. If the nature of the source of right to possession of real estate is not clear, the possessor is presumed to have occupied in good faith, peace, and public performance pursuant to Article 197(1) of the Civil Act. Such presumption is equally applied to the possession by the State or a local government, which is the managing body of the cadastral record, etc., and even in cases where the possessor asserts the source of right, such as sale and purchase or donation, but this is not recognized, the presumption of possession with autonomy is reversed or the possession is not deemed to be the possession with intention.