1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff acquired 7/21 shares of the above land due to the inheritance on November 26, 197, and acquired 14/21 shares on the same day. The Plaintiff acquired the remaining shares on the same day.

B. The D land before subdivision is adjacent to F.123.5 square meters prior to the division of the same Dong (hereinafter “F land before subdivision”). G completed the registration of ownership transfer on the F land before subdivision.

C. On July 28, 1998, D land prior to the division was divided into D large 124.7 square meters (hereinafter “D land after the division”) and C large 3.5 square meters (hereinafter “instant land”). The land before the division was divided into D land on July 28, 1998, F large 11.5 square meters (hereinafter “the instant adjacent land”) and H large 9.1 square meters (hereinafter “H land”), I large 2.9 square meters (hereinafter “I land”), and H and I land were divided into D land on June 30, 200 and merged into D land after the ownership transfer registration was completed from G to the Plaintiff on September 19, 203.

G on August 2, 2002, the Defendant completed the registration of ownership transfer on the adjoining land of this case, and the Defendant used the instant land as the site for the building owned by the Defendant on the ground of the adjoining land of this case from the same date.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 1-3, G witness G, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the land of this case is owned by the plaintiff, and the defendant occupied and used the land of this case as marina without any title from August 2, 2002. Thus, the defendant asserts that the plaintiff is obligated to return unjust enrichment due to the possession and use of the land of this case from February 11, 2014 to the completion date of delivery of the land of this case.

B. According to the above facts of recognition, the defendant is due to the possession and use of the land of this case to the plaintiff.