1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on March 10, 1978 with respect to B-road B (hereinafter “instant land”) on March 10, 1978.

B. On June 10, 1974, the instant land was determined as an urban planning facility by the public notice of the Ministry of Construction and Transportation’s decision to modify CD urban planning (financial expenses). On December 30, 1974, the instant land was divided into E land at Jeju, and the land category was changed from before to “road” at the same time.

C. Since the land category was changed to a road, the Defendant provided the land to the general public for traffic and passage, and occupied and managed it.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 to 3, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant provided the land of this case as a passage to the general public, obtained profits by occupying and using it, and thereby suffered losses to the plaintiff. Thus, barring special circumstances, the plaintiff, the owner of the land of this case, is obligated to return unjust enrichment from such possession and use.

3. The Defendant asserts that the period of prescriptive acquisition as to the Defendant’s assertion 1 is completed, since the land of this case has been continuously and openly managed and occupied on the road for a long time.

If the nature of the source of possessory right of real estate is not clear, the possessor shall be presumed to have occupied in good faith, peace and public performance with the intention of ownership pursuant to Article 197(1) of the Civil Act, and such presumption shall also apply to cases where the State or a local government, which is the managing body

However, there is no special circumstance where it is proved that the possessor occupied the real estate owned by another person without permission, even though he/she is well aware of the absence of such legal requirements, without any legal act or any other legal requirements which may cause the acquisition of ownership at the time of the commencement of possession.