1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. Basic facts

A. On June 5, 1963, the Plaintiff owned the instant land after completing the registration of ownership transfer based on the completion of repayment on March 30, 1955.

In addition, since the land category of the instant land was changed to the road on December 20, 1958, it is the road until now.

B. D, as one of the original land of this case, the Plaintiff completed the registration of ownership transfer on June 5, 1963, on the ground of the completion of repayment on March 30, 1955, as in the first land of this case. D land was divided from the instant land on December 20, 1958, and divided into E, F, and G land, respectively, and remains now.

On the other hand, on October 30, 2013, the Plaintiff completed the registration of ownership transfer to H on the grounds of sale on the same day.

In addition, the building is newly constructed on the D land and is operated as a restaurant until now, and some of the land in this case is used as a parking lot on the D land.

C. In around 1973, the Defendant intended to include land in Icheon-si Icheon-si, Icheon-si, in order to construct roads for the purpose of expanding roads to village roads and farming roads according to the Saemaul Project. The foregoing incorporated protocol also included the instant land.

Since then, the Defendant opened a road on the surrounding land including the instant land, and thereafter began to occupy and use the instant land as a road from that time.

The monthly rent for the term between September 23, 2010 to December 31, 2010 to December 24, 201, 7,330 won from January 1, 201 to December 31, 2011 to December 96, 56,560 won 8,040 won from January 1, 201 to December 31, 2012 to December 1, 31, 201 to 8,05,080 won 8,750 won from January 1, 2013 to 31, 205, 10 to 37, 960 won from January 31, 2013 to 31, 31, 37, 960 won, 28, 16, 160 won from 20 to 15.38, 2015 to 18, 2015 won.

D. As to the instant land, this case’s rent by period.