1. The plaintiff's claim is dismissed.

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

1. Under the facts, each of the following facts is acknowledged in full view of Gap evidence Nos. 1-5, Eul evidence Nos. 1-3 and 1-3, and there is no counter-proof.

As of May 30, 1975 with respect to B B 163 square meters, registration of ownership preservation was completed as owned by the plaintiff.

B. As of January 27, 1962, the registration of preservation of ownership was completed with respect to the land owned by the Defendant as of January 27, 1962, the registration of preservation of ownership was completed as of May 9, 197, and the owner is the Defendant.

C. As of September 24, 2004, D in the above C was divided into 165 square meters.

2. The parties' assertion

A. As the cause of the instant claim, the Plaintiff asserts that: (a) on May 9, 197, the land was part of C’s land as substituted on the land on May 9, 197, and was registered as the ownership of the Defendant; and (b) part of C’s land was divided into D; (c) the Defendant, who owned the Plaintiff, was obligated to pay the Plaintiff the amount of KRW 68,288,00 of the said land price and the amount of unjust enrichment from the Defendant’s possession and use of the land.

B. Accordingly, the defendant has a liability to pay compensation for the land owned by the plaintiff.

Even if extinctive prescription expires, and the defendant's occupation and use of land after replotting is occupied by the defendant and thus, it cannot be the unjust enrichment against the plaintiff.

3. Determination as to the duty to pay compensation

A. Therefore, according to the Plaintiff’s assertion, the Defendant, without paying compensation to the Plaintiff, issued a disposition of replotting on the land owned by the Plaintiff and acquired the ownership of the land after replotting.

Even if the compensation payment obligation was incurred on May 9, 197, which was at the time of a replotting disposition.

claim against the State shall be extinguished by prescription after the lapse of the period of five years.

I would like to say.

B. However, after the lapse of the five-year period from May 9, 197, the instant lawsuit was filed.