1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On January 27, 1973, the network D (hereinafter “the network”) acquired each ownership as to the 1684 square meters before the wife population E on December 6, 1972, and the F reply No. 1191 on December 6, 1972, and thereafter on June 30, 1973, the 1684 square meters before G was 1679 square meters and C 5 square meters (hereinafter “the land of this case”) at the 1679 square meters before G and C 5 square meters at the 1679 square meters before H, the F reply No. 1191 square meters at the 1086 and B 105 square meters at the 105 square meters at the 1087 square meters (hereinafter “the land of this case”). The land of this case, along with the above 1, was divided into each of the instant land.

B. As to each of the land of this case, the plaintiff was entitled to inheritance through consultation and division on January 10, 1997.

2. 17. Each registration of ownership transfer shall be completed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, Eul evidence Nos. 1, 15 through 19 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. In full view of the overall purport of the oral argument as to the determination of the cause of the claim as to the video of the evidence Nos. 3 and 4 and the fact inquiry as to the time of the fact inquiry at the court of the trial court, the defendant is recognized to have been providing the public traffic while taking charge of the maintenance and repair of the road to which each land of this case belongs, such as laying a sewage pipe on the land of this case and packing a single road including each land of this case. Thus, it is reasonable to view that the defendant occupied and managed

Therefore, the Defendant is obligated to return unjust enrichment equivalent to the rent for each of the instant lands from August 24, 2007 to the expiration date of occupation of the Defendant or the date of loss of the Plaintiff’s ownership, unless the Defendant asserted and presented legitimate title to occupy each of the instant lands, to the Plaintiff, the owner of each of the instant lands.

B. As to the judgment on the Defendant’s assertion, the Defendant provided each of the instant lands as the passage of the general public, and the Plaintiff or the Deceased’s right to use and benefit therefrom.