1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The land D(hereinafter “D”) was originally owned by Changwon-si, Changwon-si. Around 1954, E was divided into D’s land and G land on May 10, 1954 from D’s land in the process of land reclamation and dividing into several parcels of land, and each registration conversion was made on June 25, 1998 each of the said land into KRW 1,289 square meters of land and KRW 298 square meters of forest land.

(hereinafter referred to as the “instant land”) b. the said two parcels of land

On the other hand, H purchased the instant land on August 4, 198, and thereafter, I and his father J purchased the instant land through a compulsory auction on October 25, 2005. At the time, J completed the registration of transfer of ownership on the instant land under I’s sole name due to the circumstance that it cannot complete the registration under I’s joint name with regard to the instant land, and thereafter the Plaintiff completed the registration of transfer of ownership on March 11, 2015.

C. The instant land was formed into a narrow road in the process of dividing from D land, and thereafter, Jinhae City, which was the competent authority (hereinafter referred to as the Defendant was integrated into the Defendant in 2010), packages the instant land into a road, and is currently being used as a road with a width of about 4 meters, such as the indication of the attached Form, and is used as a passage from neighboring land to the road.

Around March 2011, the Defendant managed the instant land by implementing the construction works laid underground as the upstream of the instant road, and the Plaintiff requested the Defendant to purchase the instant land or pay the user fee from around 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 9 (if there is a ground for recognition, including branch numbers; hereinafter the same shall apply), Eul's 1 through 8, the purport of the whole pleadings and arguments

2. The parties' assertion

A. The Plaintiff, while occupying and using the instant land as a road, obtains without any legal ground the benefit of monthly rent, and the Plaintiff is the same.