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. Basic facts

A. C completed the registration of transfer of ownership on May 16, 1949 with respect to B large scale 2,168 square meters (hereinafter “B-2,168 square meters”) of Gangdong-gu Seoul Metropolitan Government on May 2, 1956.

B. On February 2, 1983, a neighboring resident of the land before subdivision used part of the land before subdivision as a road, and C accepted this, on February 2, 1983, upon which C applied to divide the part of the land before subdivision as a road, which was used as a road on February 2, 1983, into B large 165 square meters (hereinafter “instant land”), H large 226 square meters, D large 460 square meters, E large 65 square meters, F large 335 square meters, G large 317 square meters (hereinafter “V land”). On the same day, C applied to convert the land category from the instant land and H land as a road on February 7, 1983, and the land category was changed.

The location and shape of each divided land shall be as shown in the attached Table 1 cadastral survey report.

C. C on October 25, 1983, sold D land to W, E land to X, and F land to X on April 8, 1988, and sold G land to Z on April 8, 198, and thereafter, D, E, after division, merger, became land of Gangdong-gu Seoul Metropolitan Government D, AA, or U as described in the attachedme 2 and video.

On November 11, 2014, the Plaintiff purchased the instant land from C and completed the registration of transfer of ownership as the receipt of No. 55292 on December 15, 2014, and on December 11, 2014, the Plaintiff acquired “the claim for return of unjust enrichment from December 11, 2009 to December 11, 2014, which was incurred by the Defendant from occupying the instant land without permission,” and notified the Defendant of the fact of transfer of the said claim.

E. The Defendant is a road to repair the instant land, such as repairing the instant land so as not to cause inconvenience to residents’ passage from the time the land category of the instant land was changed to a road.