1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is aware of the Defendant (Counterclaim Plaintiff).

1. The Plaintiff is an owner of Ansan-gu 155 square meters (hereinafter “instant land”) in Ansan-gu, Ansan-gu.

around 1980, the land was included in D business and divided into the following:

(이하 동명은 생략한다). ▣ C 대 463㎡ (소유자 E) 1980. 11. 20. 일부가 사업구역 포함되어 분할 C 대 429㎡ (소유자 E) F 대 34㎡ (소유자 E ⇒ 1980. 11. 28. 안양시로 이전) ▣ C 대 429㎡ (소유자 E) 1981. 1. 28. 일부가 사업구역 포함되어 다시 분할 C 대 274㎡ (소유자 E ⇒ 1985. 12. 27. 원고로 이전) B대155㎡(이 사건 토지)(소유자 E ⇒ 1985. 12. 27. 원고로 이전) 이 사건 토지는 위와 같이 분할된 후 1981. 3. 12.경부터 현재까지 도로로 사용되고 있다.

[Ground of recognition] Unsatisfy, Gap-1-3 evidence, Eul-5 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Defendant is obliged to pay the Plaintiff the amount of unjust enrichment equivalent to the rent after January 4, 201, since the land of this case is occupied and used as a road without legitimate authority. The Defendant commenced possession of the land of this case without lawful compensation procedures. This constitutes an occupation without bad faith, and the Defendant did not meet the requirements for the prescription of possession.

B. Defendant’s assertion 1) From March 12, 1981 to 20 years, the Defendant occupied the instant land in a peaceful and openly performing with his intention to own it, and the prescription period for acquisition by possession was completed on March 12, 2001. Therefore, the Defendant has the right to occupy the land, and the Plaintiff has the right to implement the procedure for registration of ownership transfer on the ground of completion of the prescription period (the Defendant’s defense and counterclaim claim). Even if the prescriptive acquisition is denied, the Defendant is a bona fide occupant under Article 201 of the Civil Act, who is a bona fide occupant under Article 201 of the Civil Act, and has no obligation to return unjust

3. Whether the prescription period for acquiring possession by the defendant has expired (Counterclaim claim).

(a)in this case;