1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Paragraph 2-A of the order of the judgment of the first instance.

1. Basic facts

A. As to each real estate listed in the separate sheet Nos. 6 and 7, the ownership transfer registration was completed on April 29, 1953 under the name of I (resident Yangju-gunJ) and No. 8412, Mar. 2, 1949.

B. The deceased I died on July 30, 1983. The deceased deceased on July 30, 1983. The deceased died on July 2, 2002) L (the deceased on July 24, 193), M (the marriage on July 30, 1953, the divorced on October 10, 1963), N (the deceased on December 11, 1962),O (the marriage on March 30, 1964), P (the marriage on August 20, 1969), Q (the death on November 19, 200), Q (the deceased on November 4, 2005), C (the spouse on June 4, 197), and C (the spouse on October 19, 197), Plaintiff 1 and his spouse were married between the deceased and his spouse on July 19, 201, and Plaintiff 1 and his spouse on July 28, 2019.

Meanwhile, the joint Plaintiff B was tried to waive inheritance at the time of the death of the deceased Q Q.

C. The real estate listed in separate sheet Nos. 6 and 7 is originally used as a naturally occurring road for the passage of neighboring residents. On February 22, 1973, the land category was changed from the site to the road.

Since April 14, 1990, the Gyeonggi-do Public Notice was determined and publicly announced as a road for urban planning facilities by the Gyeonggi-do Public Notice, and on March 28, 2005, the public notice of the AP route recognition was made and used as a road until now.

[Ground of recognition] Gap evidence Nos. 4, 7, 8, 9, 16, 17, Eul evidence Nos. 1 through 7 (including paper numbers), the purport of the whole pleadings

2. Return of unjust enrichment:

A. According to the above facts of recognition, the defendant gains profit equivalent to the rent by occupying and using each real estate listed in the separate sheet Nos. 6 and 7 as a road, and bears the same damages to the plaintiffs. Thus, the defendant is obligated to return unjust enrichment from the possession and use of each real estate listed in the separate sheet Nos. 6 and 7 to the plaintiffs who are the deceased I's successors, unless there are special circumstances.

B. The defendant's assertion and judgment on this issue are as follows.