1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On October 19, 1971, the Plaintiff acquired the ownership of DJ 2,969 square meters (hereinafter “instant land before the instant partition”). The land at Kimpo-si, Kimpo-si (hereinafter “instant land”) was divided into the instant land before the instant partition on July 14, 1981.

B. On August 26, 1993, the land subject to this case is incorporated into a small-ro 2 E line, which is an urban community facilities, and managed by the defendant of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. (1) The Defendant alleged by the Plaintiff is obligated to pay the Plaintiff the amount of the rent for the instant road by occupying the instant land owned by the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff the money stated in the purport of the claim.

(2) Defendant (A) asserted that the Plaintiff renounced the exclusive and exclusive right to use and benefit from the land subject to the instant case.

(B) The Defendant acquired the instant land by prescription by possession.

(C) Therefore, the Plaintiff cannot seek the amount equivalent to the rent for the land subject to this case against the Defendant.

B. In full view of the purport of the argument on the waiver of exclusive and exclusive right to use the land in the evidence Nos. 1 through 22 (including each number), and the purport of the entire pleadings, the land before subdivision of this case was divided into a size of 2,69m2 (hereinafter “instant site”), FF road 10m2, and G road 42m2m2 (hereinafter “number”) and the land category was changed on July 14, 1981. The Plaintiff directly filed an application for subdivision, land category change (hereinafter “instant application”). However, the Plaintiff filed an application for land category change with respect to the instant land at the time of the first filing of the application, and due to procedural errors, the land category of the instant land was not changed to a road but to a road.