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. Facts of recognition;

A. On October 5, 2010, the Plaintiff completed the registration of ownership transfer due to a compulsory auction conducted on September 29, 2010 with respect to B-road B (hereinafter “instant land”).

B. The instant land is divided into the area of 4,036 square meters prior to C on September 18, 1991, and the land category was changed on November 25, 1994. The Defendant, as a land being used as a road until now, is assigned to the Cheongri line of a local highway (dong 210) and offered for public passage.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, 6, 7 evidence, Eul's 1-7 and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to return the amount equivalent to the above rent to the plaintiff as unjust enrichment, barring any special circumstance, since the defendant gains profit equivalent to the rent from the possession and use of the land in this case as a road without any legal cause, and thereby, the plaintiff who is the owner of the land in this case sustained damages equivalent to the same amount.

3. Judgment on the defendant's defense of prescriptive acquisition

A. As to the defendant's defense, the defendant paid compensation to the owner of the land of this case as of December 2, 1991 while running the local highway package business on June 22, 191, and purchased it, and the prescriptive acquisition has been completed by occupying it in a peace and public performance for not less than 20 years as owner's intention.

B. If the nature of the source of possessory right of one real estate is not clear, the possessor is presumed to have occupied in good faith, peace, and public performance in accordance with Article 197(1) of the Civil Act. Such presumption is equally applied to the possession by the State or a local government, which is the managing body of the cadastral record, etc., and even in the case where the possessor asserts the title of possession, such as sale or donation, but this is not recognized, the possessor’s original title of possession.