1. The defendant shall be the plaintiff.

A. Of the land size of 2,060 square meters in Tong-gu, the attached appraisal marks 1 to 28, and 1 are each marked.

1. Determination as to the cause of claim

A. According to the overall purport of the pleadings, the following facts are acknowledged as a result of this Court’s entrustment of appraisal to the Korea Land Information Corporation’s branch, as a result of the examination by this Court, the following facts are acknowledged.

1) On January 29, 2003, the Plaintiff is a 2,060 square meters of C forest land in Tong-si (hereinafter “instant land”).

(2) On April 9, 2015, the registration of ownership transfer was completed on the ground of inheritance by agreement division. On April 10, 2015, D donated 1/2 shares out of the instant land to D, his/her spouse. Accordingly, D completed the registration of ownership transfer with respect to 1/2 shares out of the instant land on April 10, 2015. (2) On January 24, 2011, the Defendant purchased from E the 615 square meters (hereinafter referred to as “F land”) in Tong-si, Sin-si, Do, in the vicinity of the instant land, and completed the registration of ownership transfer with respect to the said land on January 26, 2011.

3) Of the instant land, the portion of “A” connected with each point of the attached Tables 1 through 28, and 1, which is part of “A” and 443 square meters, is a concrete packageed road (hereinafter “instant present state road”).

The defendant is using the road of this case in order to enter F land in the public service.

B. According to the above facts, the Plaintiff is co-owner holding 1/2 shares in the current status road of this case, and the Defendant who uses the current status road of this case without permission can seek a return of unjust enrichment equivalent to the usage fees for the delivery of the current status road and the use of the current status road as a preservation act of the common property

C. According to the results of the appraiser G’s appraisal as to unjust enrichment equivalent to the royalty that the Defendant is obligated to pay to the Plaintiff, the annual real rent is KRW 67,770 when the instant current status road was based on the forest land, which is the land category.

Therefore, the Plaintiff’s unjust enrichment equivalent to the usage fee that the Defendant is obligated to pay to the Plaintiff, who is a right holder of the current road of this case.