1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On March 15, 1955, the Plaintiff purchased approximately 221 square meters in Geumcheon-gu Seoul Metropolitan Government, and completed the registration of ownership transfer on June 11, 1955.

On April 17, 1980, the above land was divided into three-one square meters in Geumcheon-gu Seoul, Geumcheon-gu, Seoul (hereinafter “the instant land”). Since June 11, 1955, the Plaintiff owned the instant land 1 until now.

B. On October 21, 1964, the Plaintiff purchased 30,608 square meters in Geumcheon-gu Seoul Metropolitan Government D major 30,000 square meters and completed the registration of the transfer of ownership on November 6, 1964.

On April 17, 1980, the Geumcheon-gu Seoul Metropolitan Government E- 138 square meters (hereinafter “instant land”) was divided from the above D-D land of 30,608 square meters (hereinafter “previous D land”). Since November 6, 1964, the Plaintiff owned the instant land 2 since the Plaintiff owned the instant land.

C. Since before July 26, 2013, the Defendant has been developing, maintaining, and managing the entire land No. 1 in the instant case as a road. Of the land No. 2, appraisal of the attached Form No. 1, 2, 8, 9, 10, 11, 5, 6, 7, and 1, connected in order to each point of the land No. 2 in the instant case, the Defendant created, maintaining, and managing the part of the “creamble” as a road.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 4, Eul evidence Nos. 6, 7, 16 through 19, the result of the appraisal conducted by the appraiser F of the first instance trial, the purport of the whole pleadings

2. Return of unjust enrichment:

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to return to the plaintiff the unjust enrichment equivalent to the rent from the possession and use of the land No. 1 and the land No. 2 owned by the plaintiff, as it occupied and used the road as a road, thereby gaining profit equivalent to the profit from the use and causing loss to the plaintiff. Thus, the defendant is obligated to return to the plaintiff the unjust enrichment equivalent to the rent from the possession

B. The first defendant's summary of the defendant's assertion as to the defendant's assertion is the passage of a large number of workers and neighboring residents who commute to and from a A factory operated by the plaintiff since the plaintiff acquired the land of this case.