1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The registration of ownership transfer was completed on January 19, 1965 in the name of the Plaintiff for the land B-road in Jeju-si (hereinafter “instant land”).

B. On August 30, 197, the instant land was divided into a 581 square meters away from C, Jeju-si, and the land category was changed from the same day to a road on the same day, and the road was extended around that time.

C. From the time of the change of land category, the Defendant provided the instant land to the general public for traffic and passage, and occupied and managed it.

[Ground of recognition] Facts without dispute, Gap 1 through 16 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant provided the land of this case as a passage to the general public and acquired profits by occupying and using it, and thereby suffered losses to the plaintiff. Thus, the plaintiff, the owner of the land of this case, is obligated to return unjust enrichment from such possession and use to the plaintiff.

B. The Defendant’s assertion that the Plaintiff granted the right to free access to the instant land to the general public (the Plaintiff’s assertion on the waiver of the right to use the instant land), and the Defendant maintained and occupied the instant land as a road for a long period of time in peace, public performance, and so the acquisition by prescription was completed.

3. Determination

A. If the nature of the source of right to possess real estate is not clear as to the Defendant’s assertion of prescriptive acquisition, the possessor is presumed to have occupied in good faith, peace, and public performance by his/her own will pursuant to Article 197(1) of the Civil Act. This presumption applies to cases where the State or a local government, which is the managing body

However, it is proved that the possessor occupied the real estate owned by another person without permission, even though he/she is well aware of the absence of such legal requirements, without any legal act or any other legal requirements which may cause the acquisition of the ownership at the time of the commencement of possession.