1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. E. E.S. Construction Co., Ltd. (hereinafter “E.S. Construction”) installed a private road on November 5, 2001, with permission to open a private road to be used as an apartment access road and village access, on the land outside 27 lots of land, e., Young-gu, Young-gu, Seoul (the administrative district change prior to the administrative district change), but it was not included in the above site for permission to open a private road.

B. On May 28, 2002, the Plaintiff completed the registration of ownership transfer with respect to the share of 115/278 square meters (the position was specified and sold) among the share of 278 m278 m2 in the Handong-gu B B, Young-gu, 2002, and the part sold with a specific location specified thereafter was divided into F. F. 115 m2 on March 29, 2007. After division, on April 18, 2007, the share of 115/278 m278 m278 m278 m2, E. was transferred to the Plaintiff.

After December 15, 2008, G-type land was divided into 80 square meters in F-type land.

C. Meanwhile, the Plaintiff filed a lawsuit seeking delivery of excess occupied portion and return of unjust enrichment on October 21, 2003, on the ground that E.S. Construction was occupied by installing and selling the road on the said land in excess of the part specifying the location as indicated in the port B B B B B in Yeongdeungpo-gu prior to partition. The Plaintiff was awarded a favorable judgment on October 21, 2003

(Ground of recognition) Facts without dispute, Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 1 and 2 (including additional numbers), the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion without any title is occupying the above (hereinafter “the instant subordinate part”) by expanding a road on the ground of 29m2, which connects each point of the attached Form No. 8,2,3,10,9, and 8 among the instant land owned by the Plaintiff without any title to expand the road on the ground of 8,2,3,10,9, and by reclaiming sewage pipes on the ground of the ground.

Therefore, the defendant is entitled to the above (C) portion.