1. The defendant shall be the plaintiff.

(a) KRW 2,478,090, as well as 5% per annum from July 12, 2014 to September 30, 2014;

1. Basic facts

A. On November 1, 1940, the Plaintiff’s line C owned 10,046 square meters (hereinafter “D’s land before subdivision,” and “E’s lot number” before subdivision. However, on November 1, 1940, the land category of the instant land was changed to a road, as the said land was divided into F’s 9,643 square meters and B’s 403 square meters (hereinafter “instant land”).

On February 15, 1941, F had been divided into 248 square meters prior to F, G 6,073 square meters prior to G, and 3,322 square meters prior to H.

B. The net C sold the above F, G, and H land to I on March 6, 1946.

C. On December 27, 1966, the instant land was designated as a route for Class II national highways (national highways No. 21, YY-gun), and thereafter, as a result, the ice Packing was conducted, and has been used for the passage of the general public until now.

On August 19, 1994, the Plaintiff completed registration of preservation of ownership in the name of the Plaintiff on the instant land, and the Defendant occupied and managed the instant land as a road from April 1, 2009 to the present day.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 9 (including each number), and the purport of the whole pleadings

2. Determination as to the cause of claim

A. (1) According to the above facts, the Defendant occupied and used the instant land as a road, thereby gaining benefits without any legal grounds. Accordingly, the Plaintiff, the owner of the said land, thereby incurring considerable damages to the Plaintiff.

Therefore, the defendant is obligated to return the profits earned from the possession and use of the land of this case to the plaintiff.

(2) The Defendant’s assertion regarding the Plaintiff’s assertion: (a) provided a part of the instant land as a road to enhance the utility of divided housing sites while selling the Plaintiff’s pre-division D land by dividing it into a housing site; and (b) provided C itself as a road, so that the general public can use the said land as a road; and (c) exclusively use the said land as a road.