1. From July 5, 2013, the Defendant lost the Plaintiff’s ownership as to the Plaintiff’s 43 square meters on the Jeju-si Road B, or the Defendant.

1. Basic facts

A. On January 11, 1941, the former land cadastre of Jeju-si B road No. 43 (hereinafter “instant land”) was partitioned into C on January 11, 1941, and D was entered in the owner’s column at the time, and the previous road was entered in the land category column and thereafter the same year.

6. October 10 indicated that ownership is transferred to E, and that ownership is transferred to F on December 14, 1946. Each F made the registration of ownership transfer on December 14, 1946, the land cadastre and the land register with respect to the instant land, and the land category column at the time the Plaintiff made the registration of ownership transfer on July 5, 2013.

B. At present, the instant land is wholly assigned to the center among the 1131 lines of Jeju Special Self-Governing Province local highways, in the form of a long-term erosion.

C. The rent is KRW 130,030 per month, and the rent is KRW 50,303 per month if the use of the land of this case is deemed to be a road.

[Ground of recognition] A without dispute, Gap evidence 1 through 6, Eul evidence 1 to 4, the appraisal result by appraiser G, the purport of the whole pleadings.

2. Determination

A. According to the above facts, the Defendant is obligated to deliver the instant land to the Plaintiff, the owner of the instant land, barring special circumstances, and to pay the amount equivalent to the monthly rent from July 5, 2013 to the expiration date of the Plaintiff’s ownership of the instant land or the Defendant’s possession with unjust enrichment obtained by using and making profits from the instant land without any legal cause.

In light of the aforementioned circumstances, the land of this case was used as a road before the Defendant was incorporated into a road, in full view of the following circumstances: (a) the land category was divided from the original land registry on January 11, 1941, and the road was recorded in the land cadastre and the land registry; and (b) the land category was entered as a road around 1946; and (c) the entire land of this case was incorporated into a local highway.