1. From December 6, 2017 to the Plaintiff, the Defendant’s occupation at the 99 square meters of land B in Northern-gu, Chungcheongnam-gu, Mapo-si is ended or ended.

1. Basic facts

A. (2) On November 2, 1935, the real estate was divided from the land north-gu, Northern-si, and the land category on the same day was changed from forest land to road.

B. Each of the instant real estate was owned D, and E completed the registration of ownership transfer with respect to each of the instant real estate on September 23, 1988, and the Plaintiff completed the registration of ownership transfer with respect to each of the instant real estate on December 6, 2017.

C. ② The instant real estate was used as a road since around 1935, and the instant real estate was used as a road since around 1935 as a part of the F National Highway construction work around 191. The Defendant currently maintains and manages each of the instant real estate as a road.

The monthly rent from December 6, 2017 to December 5, 2018 is KRW 106,820.

[Ground of recognition] Facts without dispute, Gap 1, 2, 8 evidence, Eul 26 through 29, 31, and 32 evidence (including each number), the result of the commission of appraisal of rent to appraiser G, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, barring special circumstances, the Defendant is obligated to pay to the Plaintiff unjust enrichment equivalent to the rent due to the Defendant’s possession and use of each of the instant real estate from December 6, 2017, the date of acquisition of the Plaintiff’s ownership, to the date of completion of possession or the date of loss of Plaintiff’s ownership

3. Judgment on the defendant's assertion

A. The summary of the claim 1) The Defendant, with his own intent, occupied the instant real estate in a peaceful and openly manner and completed the prescriptive acquisition on December 31, 201, is unable to comply with the Plaintiff’s request. 2) The Defendant, without a specific title, incorporated the instant land into the reservoir site without a specific title that can occupy the land, such as taking the procedure for acquiring public property under the Local Finance Act or the State Property Act, such as his/her own burden or donation, or obtaining the owner’s consent to use.