1. The defendant shall be the plaintiff.

(a) To deliver each of the 579 square meters of D-road, E-gi 89 square meters of land, and F-road 23 square meters of land in Pakistan-si.

B. 44,306.

1. Facts of recognition;

A. On November 12, 1970, the Plaintiff acquired ownership of D-road 579 square meters, E large 89 square meters, and F-road 23 square meters in order (hereinafter “instant land”). The Plaintiff acquired ownership of each of the instant land by combining three lots (hereinafter “each of the instant land”).

B. From around 1962, the Defendant occupied and used the instant land from around 1962, and from around 1971, the instant land 1 and 2 as the road site.

[Ground of recognition] Evidence Nos. 1, 2, 3-1, 2, 9-2, 11-1, 2-2, and 3-1, respectively, and the purport of the whole pleadings

2. Assertion and determination

A. From 1962 to 1971, the Defendant: (a) occupied the instant land from around 1962 to the road and used it as the road; (b) while the Plaintiff, the owner of each of the instant land, suffered considerable damages in the amount of rent; (c) while the Defendant acquired the same profits, the Defendant is obligated to deliver each of the instant land to the Plaintiff as long as the Defendant did not assert and prove the legitimate right to occupy and use each of the instant land; and (d) as the Defendant’s obligation to return unjust enrichment from September 29, 2013 to the expiration of the statute of limitations; (b) the Defendant is obligated to return unjust enrichment from the possession and use of each of the instant land from September 29, 2013 to the Plaintiff as the obligation to return unjust enrichment. (c) Since each of the instant land was jointly used as a road before the Plaintiff acquired ownership; and (d) the Plaintiff knowingly purchased these land, the Plaintiff cannot exercise the exclusive right to use and benefit from each of the instant land.

Any person who succeeds to the ownership of the land, the exclusive use right of which is restricted by the original owner, through auction, sale, payment in kind, etc., shall, unless there are special circumstances, allow the situation that there is a burden of restricting such use and benefit.