1. The Defendant is the Defendant with respect to KRW 3,350,460 as well as to the Plaintiff with respect to KRW 228 square meters from January 1, 2018, Daegu Northern-gu D.

1. Facts of recognition;

A. On April 7, 1971, the network A (hereinafter “the network”) purchased the answer 228 square meters (hereinafter “instant land”) from the Daegu Northern-gu E-dong (hereinafter “E-dong”) (hereinafter “E-dong”) and completed the registration of ownership transfer on April 22, 197.

B. The Deceased died on February 13, 2018 while the instant lawsuit was pending, and the Plaintiff, an son, succeeded to the instant land and its related rights.

C. The instant land is a form that is back to the direction of the baseline (i) and is used as a road packed in asphalt when it is unknown, and is used as a road for the public passage.

The direction of South and North Korea is part of F, and that part of G is connected to H, Daegu Metropolitan City, Do.

The defendant has used the land of this case to install a manle leading to traffic safety facilities, water pipes, and superior pipes.

E. The Defendant acquired through consultation on May 9, 2001 the I road consisting of F attached to the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3-1, 2, Gap evidence 5-1 to 6, Eul evidence 1, 2, and 7, and the purport of the whole pleadings

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the defendant at least recognized that the plaintiff has been using and making profits from the land of this case without title since before September 1, 2012, seeking the return of unjust enrichment.

The Defendant is obligated to return to the Plaintiff the amount equivalent to the rent from September 1, 2012 to the date on which the occupation of the Defendant was terminated or the date on which the Plaintiff loses its ownership as unjust enrichment.

B. (1) Determination as to the defense of the Defendant’s assertion (1) the land category of the instant land was changed to a road as the land category was divided from J on 1956, and was provided to the public free of charge for passage.

The Deceased purchased the instant land with the knowledge of such circumstances.

After that, the deceased is the Defendant or its neighboring land for more than 40 years until the filing of the instant lawsuit.