1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Facts of recognition;

A. The remaining land (hereinafter “the instant river and bank”) excluding the instant land and the instant dry field was divided into D river 3,121 square meters, land indicated in the purport of the claim (hereinafter “instant land”), E prior to 376 square meters (hereinafter “the instant dry field”), F bank 638 square meters, G bank 1,603 square meters. Among them, the ownership of the Defendant was transferred.

B. The left side of the instant land has the instant river and bank owned by the Defendant, and the instant adjoining dry field exists on the right side of the instant land.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1 and 8, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that, without title, the Defendant without title occupied and used the instant land as a bank or a road, the Defendant filed a report on the damage as stated in the claim of the claim equivalent to the rent, and sought payment against the Defendant of unjust enrichment as stated in the claim of unjust enrichment equivalent to the rent for the instant land.

B. The facts that the land of this case is adjacent to the river of this case and the bank of this case and its category is the bank of this case are as seen above. However, as to whether the defendant occupies and uses the land of this case as the bank of this case or the road of this case, it is insufficient to recognize only the video of the evidence No. 9, No. 12-1, No. 12-5, and no other evidence exists.

Therefore, the plaintiff's assertion based on the premise that the defendant occupied and used the land of this case is without merit.

(3) The plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance, which partially different conclusions, is unfair, and therefore it is so decided as per Disposition.