1. The defendant shall be the plaintiff.

A. Of the Jongno-gu Seoul Metropolitan Government B large 235 square meters, each point is indicated in the attached Form 1, 2, 3, 4, 11, 12, and 1.

1. Facts of recognition;

A. Of the instant land, a part of 73 square meters in line with each of the items indicated in the separate sheet Nos. 1, 2, 3, 4, 11, 12, and 1, among the instant land was used for the general public, such as neighboring residents, etc. in a non- packing state prior to the Plaintiff’s purchase in around 200.

B. The Plaintiff purchased the instant land on March 2, 2002 and completed the registration of ownership transfer in its name on March 14, 2002.

C. After that, while packaging the land of this case owned by the Defendant, which is adjacent to the land of this case, the Defendant, without the Plaintiff’s consent, packed asphalt on the ground of the above part of Jongno-gu Seoul Road 573 square meters, installed the same form of boundary stone on the surface of the packaging, and installed three excellent seats depending on the boundary stone. Of them, the land of this case is excellent in Section 1 of the annexed drawing indication 1 (a.0m in length and 0.4m in length) and Section 0.4m in length (a. 0.5m in length and 0.4m in length).

Since the package, the part above is used as a road with the above C.

[Ground for Recognition: Facts without dispute, Gap 1 through 7, and Eul 1 through 5, the result of verification by this court and the result of appraisal by appraiser D, the purport of the whole pleadings]

2. Determination

A. According to the above recognition of the obligation to deliver, remove, and return unjust enrichment, the Defendant shall remove each of the parts 1 in the annexed drawings and parts 2 excellent, deliver the above part to the Plaintiff, and return unjust enrichment equivalent to the rent due to the possession of the above part.

As to this, the Defendant asserted that the owner of the instant land before the Plaintiff renounced the exclusive and exclusive right to use the instant land, and the Plaintiff also purchased the instant land with the knowledge of its actual use as a road. However, it is difficult to recognize that the evidence submitted by the Defendant alone renounced the exclusive right to use and benefit from the instant land.

B. The country or country where one of the reasons for return of unjust enrichment exists.