The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

1. Basic facts - The Plaintiff is the owner of the Plaintiff’s land and the building on which 136.7 square meters in Daegu Northern-gu D (hereinafter “Plaintiff’s land”) and its ground, and the Defendant is the owner of the E large scale 172.9 square meters in size (hereinafter “Defendant’s land”) and the building on which the above ground were owned.

- In addition, the Plaintiff holds 31.2/38.2 shares in C-road 38.2 square meters (hereinafter “instant land”).

- The location and shape of each of the above lands are as shown in the copy of the cadastral map in annexed Form 1 (the part indicated in color, is the Defendant’s land, and the land immediately above is the Plaintiff’s land and the instant land). In other words, the instant land is connected one another, and the instant land is the only passage to enter the part indicated from the above drawing on the Defendant’s land to the Fdo’s access.

On the other hand, the plaintiff's land is directly adjacent to his meritorious service, and it is not necessary to pass the land in this case.

- In fact, the instant land is used as a passage to and from the public road to the Defendant’s land or its ground building.

However, some of them are the plaintiff's parking lot (see Attached 2). [Ground of recognition] The fact that there is no dispute, Gap 1 through 6 evidence, Eul 2 and 3 evidence, the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendant, from August 18, 2017, acquired the ownership of the Defendant’s land, was unjustly benefiting the amount of rent by occupying and using the instant land without permission.

Therefore, the Defendant is obligated to pay to the Plaintiff money calculated by the ratio of KRW 1,758,00 to KRW 1,758,00 as a result of the return of unjust profits and the delayed damages to the Plaintiff, ② from January 30, 2020 to KRW 52,80 per month from January 30, 202 or from the date of the closure of the road of this case or

B. The Plaintiff held that the Defendant occupied the instant land.

On the other hand, the specific content of the possession is that the buyer (or visitors) of the defendant or the defendant building uses the land of this case as a passage through the road and parks without permission on the plaintiff's parking lot.

First, the private person shall be whatever.