The defendant shall pay 1,861,060 won to the plaintiff and 5% per annum from March 17, 2020 to November 13, 2020 and the next day.

1. Facts of recognition;

A. On September 12, 1966, the Plaintiff completed the registration of ownership transfer on the grounds of sale as to the Gyeyang-gu Seoul Central District Court Decision 28 square meters (hereinafter referred to as “land before division,” and when indicating land, it shall be specified only with Dong and Dong.).

B. On July 2, 2008, the land before subdivision was divided into eight square meters and eight-five square meters prior to C on July 2, 2008, and the land before B was divided into sixty square meters prior to C on the same day (hereinafter “instant land”) and twenty-five square meters prior to D on the same day.

On the other hand, Gyeonggi-do completed the registration of ownership transfer based on the "acquisition of public land on June 27, 2008" with respect to the area of 25 square meters before D, which was divided as above on the same day.

C. Under the National Land Planning and Utilization Act, the instant land was designated as small-ro 3 (less than 8 meters in width) and middle-ro 3 (a 12m to 15m). The instant land was designated as City/Do E under the Road Act. At present, “the instant road section” is “the road section in which part of 51m2 is less than 51m2,00,000,000,000 in sequence among the instant land.

) Some of them have India and Road Boundary Notes are installed, and the remainder is packed by a ice and used for general traffic. [Grounds for recognition] The absence of dispute, Gap evidence 1 through 3 (if available, including all of the numbers; hereinafter the same shall apply).

(2) Each entry in Eul evidence 6 to 9, the appraiser F's appraisal result, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant, as the road management authority, occupies and uses the road portion of this case. Thus, the defendant is obligated to remove the road facilities installed on the road portion of this case, including delivery, boundary stone, and paving roads, and deliver the road portion of this case to the plaintiff, and the defendant is obligated to return the amount equivalent to the rent for the road portion of this case to the unjust enrichment. 2) The judgment on the defense of the statute of limitations for possession acquisition is around 195.