1. The Plaintiff (Counterclaim Defendant) completed the prescriptive acquisition on November 29, 2004 with respect to the land indicated in the separate sheet against the Defendant (Counterclaim Plaintiff).

1. Basic facts

A. On January 9, 1937, the land indicated in the separate sheet (hereinafter “instant land”) had completed the registration of transfer of ownership on December 20, 1936 under the name of B on December 20, 1936. On March 27, 2013, the registration of transfer of ownership was completed on September 10, 1968 under the Plaintiff’s name.

B. Around September 13, 1984, Gyeonggi-do incorporated the instant land into a site for the packing construction of a local highway C. Since November 29, 1984, Gyeonggi-do opened and occupied and managed the instant land from November 29, 1984, and thereafter, the Defendant has succeeded to the occupation of Gyeonggi-do under Article 5(1) of the Local Autonomy Act, and is currently occupying and managing the instant land as a site for the City/Do-type City.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 4 and 8, the purport of the whole pleadings

2. Determination:

A. According to the above facts of determination as to the cause of the principal claim, the Defendant is obligated to return unjust enrichment equivalent to the rent for the instant land to the Plaintiff, except in special circumstances, since the Defendant, by occupying and managing the instant land owned by the Plaintiff as a road site, gains a profit equivalent to the rent without any legal ground and thereby causes damages to the Plaintiff equivalent to the same amount.

B. As to the Defendant’s assertion on the Defendant’s defense and the cause of counterclaim, the Defendant asserted that the land of this case was acquired through consultation in accordance with Article 6 of the former Act on Special Cases Concerning the Acquisition of Land for Public Use and the Compensation for Loss, and as to the instant land as the primary counterclaim, sought the implementation of the procedure for the registration of ownership transfer based on the above acquisition.

Where it is impossible to hold consultations on the acquisition or use of land, etc. due to the unknown address or residence of the owner of land, etc., the acquisition of land for public use and compensation for losses.