1. The plaintiff (Counterclaim defendant) shall enter the attached list 7 through 19 in the Dong-gu, Gwangju Metropolitan City.

1. Basic facts

A. The Plaintiff is an educational foundation that has an address in 34-13, Nam-gu, Nam-gu, Gwangju.

B. The Plaintiff completed the registration of ownership transfer on April 28, 1966 and on May 10, 1968 with respect to each real estate other than the No. 18 of the real estate listed in the separate sheet (hereinafter “each real estate of this case”). The Plaintiff completed the registration of ownership transfer on May 10, 1968, and each of the above real estate has been registered in the name of the Plaintiff until now.

C. The real estate listed in the separate list Nos. 1 through 6 among the instant real estate (hereinafter “real estate No. 1”) was incorporated into the “Dongdong Line Expansion and Packing Construction” (hereinafter “Dongdong Line Construction”) implemented by Defendant Gwangju City in 1976, and since the land category was changed on January 22, 197 to a road, the Defendant Gwangju City occupies and uses it as a road from around that time.

The real estate listed in the separate list 7 through 19 among the real estate in this case (hereinafter “second real estate in this case”) was incorporated into the No. 7 or 19, which was implemented by Defendant Gwangju City in 1974, and since the land category was changed to a road on February 4, 1975, the Defendant Dong-gu occupies and uses it as a road from around that time.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 4 evidence, Eul 3 and 8 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the Plaintiff’s claim against Defendant Gwangju City

A. According to the above facts of determination as to the cause of the claim, the defendant Gwangju City occupied and used the real estate No. 1 of this case owned by the plaintiff, thereby gaining profits equivalent to the rent and causing losses equivalent to the same amount to the plaintiff.

Therefore, the defendant Gwangju City is obligated to return unjust enrichment equivalent to the rent due to the possession and use of the real estate of this case to the plaintiff, unless there are special circumstances.

B. Determination as to Defendant Gwangju City defense (1)