1. On October 24, 2014, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) regarding the size of 645 square meters on the road B in the Jeonsung-gun, Jeonsung-gun.

Basic Facts

A. The Plaintiff completed the registration of transfer of ownership on December 11, 1984 with respect to the previous 645 square meters (hereinafter “instant land”) on the grounds of sale on December 11, 1984, as the receipt No. 732 on April 11, 1995.

B. On July 13, 1996, the Defendant changed the land category of the instant land from the front to the “road”, and opened a road on the said land and installed it on the said land to the general public for traffic.

C. From February 15, 2014 to February 14, 2019, the appraiser 617,910 won in total equivalent to the rent for the instant land is 617,910 won in the event that the Defendant’s land category at the time the occupation of the instant land was commenced is “road”, the above-term rent is 617,910 won in the event that the instant land is “full” and the Plaintiff is 1,736,340 won in the event that the land category was changed from around 1996 to “road”. As such, it is reasonable to apply the appraisal fee corresponding thereto in view of the land category of the instant land at the time the Defendant’s occupation was commenced.

The amount equivalent to the monthly rent as of July 9, 2020 is KRW 16,017.

[Ground of recognition] Facts without dispute, entry of Eul's evidence No. 3, result of appraiser C's appraisal of fees, purport of the whole pleadings

2. According to the above facts finding as to the claim on the principal claim, the Defendant is obligated to pay to the Plaintiff unjust enrichment equivalent to the rent in proportion to the amount of KRW 617,910 and KRW 16,017 from February 15, 2019, as the Defendant gains profits by occupying and using the pertinent land after incorporating the instant land into the road, and thereby incurred losses to the Plaintiff, who is the owner thereof.

3. Determination as to the defendant's defense and counterclaim

A. The defendant's assertion that the land of this case was owned by the defendant was occupied by peacefully and openly for not less than 20 years from October 24, 1994 with the intention to own the land of this case, and the acquisition by prescription was completed.

Therefore, the defendant.