1. The defendant shall be the plaintiff.

A. Of the area of 962 square meters of B forest land in Sungsung, each of the attached appraisal marks 1 to 11, f, g, and 1 shall be marked.

1. Basic facts

A. On April 2, 1992, the Plaintiff completed the registration of transfer of ownership with respect to B forest land No. 962 square meters (hereinafter “instant forest”).

B. The forest land of this case was the length to which only one person can move, and the defendant extended the above way to a road with a width of about 4 meters for the vehicle to pass, around 2002, and part of the concrete packaging construction work.

C. Of the instant forest land, the portion 58 square meters in the “1” portion, which is linked in sequence with each of the items indicated in the attached Table 1 through 5, 11, f, g, and 1, among the instant forest land, is a concrete package, and the portion which is 163 square meters in the “2” portion connected in sequence with each of the items indicated in the same map 5 through 11, and 5, is a non-packaged road (hereinafter “the instant land” combined with the aforementioned “1 and 2”), and the instant land is currently under common use for the passage of the general public.

Grounds for recognition: A1-7 (including the number with each number), the verification and the result of the survey appraisal conducted by this court, the whole purport of the pleading.

2. Determination

A. According to the above facts, the defendant from around 2002, occupied and used the land of this case as a road without any title.

Therefore, barring special circumstances, the Plaintiff is obligated to deliver the instant land to the Plaintiff.

In addition, the defendant uses the land of this case as a road, obtains profits equivalent to the rent for the land of this case, and thereby causes damage to the plaintiff.

Therefore, the Plaintiff is obligated to return the amount equivalent to the rent of the land as unjust enrichment.

B. Furthermore, as to the amount of unjust enrichment to be returned by the Defendant, it is reasonable to view that the Defendant extended the land of this case to a road with a width of about 4 meters, and part of the land was forest land at the time of performing concrete packaging construction work, the use of the land of this case was forest land. Therefore,

According to the appraiser C’s appraisal result, the Plaintiff filed the instant lawsuit on July 2015.