1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. On November 20, 2009, the registration of ownership transfer was made on November 10, 2009 under the name of the Plaintiff on the land listed in the attached Table 1’s list of real estate (hereinafter “instant land”).

B. The Defendant is a juristic person that establishes and manages C cemetery in an area adjacent to the instant land, and prior to the Plaintiff’s acquisition of ownership of the instant land, uses the attached Form 2(b) part of the instant land as the access road to the said C cemetery (hereinafter “instant access road”).

C. On the road of this case, the road of this case is the only road, or part of the forest road (al.e., six meters wide), which is abutting on the road of this case, and at least four households currently use the road as the road.

The user fee of the land of this case shall be as specified in attached Form 3.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5, testimony of witness D of the first instance court, appraiser of the first instance court, Korea Land Information Corporation of the first instance, E's results of each appraisal, the purport of the whole pleadings

2. The Plaintiff asserts that the Plaintiff is obligated to pay unjust enrichment equivalent to rent from January 1, 2010 to November 30, 2018, after the Plaintiff acquired the ownership of the instant land, since the Defendant occupied and used the instant road, which is owned by the Plaintiff without permission.

On the other hand, the defendant acquired by prescription since the defendant occupied and used the road of this case from around 1973 as his own intention for over 20 years. ② The plaintiff's right to claim land use fee of this case has already expired by the statute of limitations since the short-term statute of limitations period of three years was applied. ③ Since before 1977, the road of this case was used as the only passage for the defendant and its neighboring residents, the defendant acquired the right to passage over surrounding land pursuant to Article 219 of the Civil Act as to the road of this case. ④ Since F, the former owner of the land of this case, is residing around the road of this case from around 1973.