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. The facts subsequent to the facts of recognition do not conflict between the parties, or may be recognized by comprehensively taking account of the respective descriptions of evidence A Nos. 1, 2, 7-1, 2, and 1 and the whole purport of the pleadings. A.

On March 20, 2007, the Plaintiff acquired 104 square meters of a road B 104 square meters (hereinafter “instant land”) on March 20, 2007, where C and D shared one-half each, through a compulsory auction on March 20, 2007, and completed the registration of ownership transfer on April 10, 2007.

B. On September 23, 1974, the instant land was determined and publicly announced as a road site (No. 2, No. 96 line in small-ro 2) pursuant to Article 212 of the Gyeongbuk-do Notice.

C. The Defendant occupies and uses the instant land as a road by providing traffic routes to the general public by marking traffic safety signs, speed prevention level, surface signs, etc.

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to return the amount of the rent to the plaintiff, barring special circumstances, since the defendant gains unjust enrichment equivalent to the rent by occupying and using the land of this case and thereby causes damages to the land owner equivalent to the rent.

3. Judgment on the defendant's defense

A. C and D, the original owner of the instant land, renounced their exclusive and exclusive rights to use and benefit from the instant land, and the Plaintiff, as well as the Plaintiff, who succeeded to the instant land, also acquired the ownership at least with knowledge of such circumstances, cannot exercise their exclusive and exclusive rights to use and benefit from the instant land.

B. A person who, by means of auction, sale, payment in substitutes, etc. of the ownership of the land after the residents have passed the land without compensation, given the original owner of the land to provide a part of the land as a site of the road without compensation and waiver of the exclusive and exclusive rights to use the land.