1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

1. Basic facts

A. On June 23, 1971, the registration of transfer of ownership in the name of the Plaintiff was completed with respect to B & 152.4 square meters (hereinafter “land before division”).

B. On August 29, 197, the land before subdivision was divided into B 138.8 square meters and C 13.6 square meters in Yasan-si, Yasan-si. On the same day, the land B was converted into the category of the road and became the land of this case.

around that time, the Defendant’s name is G as a road of approximately 4.5 km from the Dolsan City E to the Fdong from the Dolsan City, the 4th parallel line of land in this case.

It is recognized to be incorporated into a road and then put it into possession by providing it to the general public for traffic until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 4, and 6, and the purport of the whole pleadings

2. According to the facts of determination as to the cause of the claim, barring any special circumstance, the Defendant, without any legal cause, is obligated to pay unjust enrichment and delay damages equivalent to the rent from January 31, 2013 to the date when the Defendant terminated occupation of the instant land or the date when the Plaintiff loses its ownership, as the result of the Plaintiff’s occupancy commencement date.

3. Judgment on the defendant's defense

A. As to the defense of purchase, the Defendant asserted that the instant land was purchased from the Plaintiff in order to build a D road, according to the statement in the evidence No. 1, it is recognized that the Defendant conducted an appraisal to purchase 27 neighboring land, including the land before partition, in order to acquire D road site.

However, only written evidence Nos. (1) through (6) alone, the Defendant purchased the instant land from the Plaintiff and paid the purchase price in full.

(2) shall be deemed lawful.