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 11, 1937, E, 398 square meters per 374 square meters per 113 square meters per 374 square meters per 374 square meters per 374 square meters per 113 square meters per 398 square meters per 398 square meters per 398 square meters per 398 square meters per 1937.

(hereinafter “instant land”) was divided into 68 square meters, F. The land category was changed to a road on the same day.

B. On May 30, 2018, the Plaintiff completed the registration of ownership transfer on the instant land due to inheritance by consultation and division on November 20, 1962.

C. The land of this case was designated as a local highway (H-I line) around December 15, 1938, which was the Japanese occupation occupation point, and on January 6, 1968, the Gyeongbuk-do, as a local highway J (I-K line) line, and on February 20, 2003, the land of this case was occupied and managed as a State-funded local highway L line and local highway M line, and on May 17, 2004, changed the passage point and announced the disuse of the road of this case. After which the Defendant succeeded to the occupation of the Gyeongbuk-do with respect to the land of this case, he occupied the land of this case as a local highway as an assistant line among the Busan Urban Planning Road.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 6, 8 through 11, 33, 34, 35 (including paper numbers and hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to return the profits from the use of the land of this case to the plaintiff as unjust enrichment, barring special circumstances, since the defendant obtained the profits from the use of the land of this case by occupying and using the land of this case and thereby causes losses equivalent to the plaintiff.

B. As to the Defendant’s argument, the Defendant’s assertion C received compensation for the instant land or gave up the right to exclusive use and benefit from the instant land on the ground that the instant land was donated to a road.

In addition, the Gyeongbuk-do on October 11, 1937.