1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

1. Basic facts

A. On April 26, 2004, the Plaintiff completed the registration of ownership transfer on the land of 208 square meters prior to Ulsan-gu B (hereinafter “instant land”).

B. On January 27, 1967, among the instant land, part (B) of 45 square meters (hereinafter “section (B)”) connected each point in sequence of the indication of the annexed drawing Nos. 6, 7, 8, 9, and 6 was determined as “urban planning facilities (road)” by small means on January 27, 1967.

C. The Defendant currently manages the above road including the land in the part of the instant paragraph (b).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 7, the result of the survey and appraisal on the Korea Land Information Corporation by the court of first instance, the purport of the whole pleadings

2. Return of unjust enrichment:

A. According to the above facts, it is reasonable to view that the Defendant, who is managing and occupying the instant road, has gained a reasonable amount of rent by occupying and using the instant land without any legal cause after the construction of the said road, and thereby has sustained damages equivalent to the said amount from the Plaintiff.

In addition, even after the date of the closing of the argument in this case, it is clear that the defendant's possession of the road in this case is terminated, or the plaintiff gains profit equivalent to the rent until he loses ownership of the road in this case, and thereby causes damage to the plaintiff.

Therefore, barring special circumstances, the Defendant is obligated to return to the Plaintiff unjust enrichment equivalent to the rent for the occupation and use of the instant road.

B. As to this, the Defendant: (a) newly constructed a building with a building permit on May 10, 1978 with respect to the instant land by D, the former owner of the instant land; (b) provided the partial land as a road; and (c) there was no demand for compensation for the partial land until 37 years have passed since D acquired the ownership of the instant land; and (b) given that D renounced renounced its exclusive right to use and benefit from the said partial land.