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. Basic facts

A. On July 26, 1971, Plaintiff (Appointed Party; hereinafter “Plaintiff”) and Appointed Party B completed the registration of ownership transfer with respect to each 1/2 co-ownership share of 220 square meters (hereinafter “instant land”).

B. The land of this case was used for the general public as the existing access roads entering the village after the Plaintiff and the designated parties acquired the ownership of the land were flooded due to flood, and the Defendant performed the packing work on the land of this case around July 2007.

C. The rent for the instant land from July 15, 2010 to February 14, 2016 is as follows:

On July 15, 2010 to July 14, 2011, 28,820,000. 04 1,153,000 to July 15, 2011; 1,294,000 to July 32, 201 to July 14, 201; 1,294,00 to July 15, 201 to 0; 32,560,000 to 0; 1,00 to 32,560,00 to 0; 1,302,00,00 to 0 to 05 to 0; 1,302,00 to 0 to 14,00 to 15,6,00 to 30 to 14,60 to 15,60 to 14,75 to 16,75 to 204; 201 to 4,7.6

2. The judgment on the cause of the claim is based on the following: (a) the Defendant, as the de facto controlling body of the road part of this case, gains a profit equivalent to the rent without any legal ground; and (b) thereby, causes damage to the Plaintiff and the Selection B.

Therefore, as the Plaintiff seeks, the Defendant’s damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 15, 2016 to February 14, 2016 (i.e., 7,523,000 won x 1/2) and damages for delay calculated from February 15, 2016 to the date on which the Plaintiff and the selector B loses their ownership or the Defendant’s possession is terminated (i.e., 814,00 won per annum from February 15, 2016 to the date on which the Plaintiff and the selector lost their ownership or the Defendant’s possession is terminated (i.e., 40,70,000 won based on the base price around February 14, 2016 x 0.04 x 1/2).