1. Any claims that have been changed in exchange for another court, claims that have been reduced and additional claims shall be included in the court.

A. The Mine Name Construction Co., Ltd. (hereinafter “Blue Construction”) that was the owner of the land located in the Daegu-gu Daejeon-gu Seoul metropolitan area (hereinafter “land prior to subdivision”) began to build a new D apartment, an aggregate building, on November 2, 1983, and filed an application for land division on the land prior to subdivision on the land prior to subdivision. Accordingly, the land prior to subdivision was divided into C large 1516 square meters (hereinafter “E”) and Seo-gu B large 67 square meters (hereinafter “the instant land”).

B. On November 3, 1983, the mineral name construction applied for a land category change from the instant land to the road. On November 4, 1983, the land category was changed from the site to the road.

C. Meanwhile, the instant land was already used as a road from September 1973, 1973, before subdivision, and was used as a road until now, and the Defendant installed the sidewalk block (hereinafter “instant sidewalk block”) on the instant land around 2015.

The Plaintiff purchased the instant land in the process of compulsory auction on December 8, 2016 and completed the registration of ownership transfer on December 14, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 4, and Eul evidence 6 (including branch numbers), the purport of the whole pleadings

2. Judgment on the main claim

A. The defendant occupies and uses the land of this case as a road according to the facts of the above recognition as to the main cause of the claim.

Therefore, barring any special circumstance, the Defendant is obligated to collect the news report block installed in the instant land from the Plaintiff and deliver the instant land, and to return the amount equivalent to the rent from the date the Plaintiff acquired the ownership of the instant land to the date of completion of occupation due to the road closure or the date of completion of delivery of the instant land as unjust enrichment.

B. The Defendant’s assertion 1) The Defendant asserts the completion of the statute of limitations for the acquisition of possession. The Defendant occupied the instant land for 20 years and owned it to the Plaintiff.