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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. Facts of recognition;
A. On June 15, 1994, the deceased E (hereinafter “the deceased”) who was the Plaintiff’s spouse completed the registration of ownership transfer on the land stated in the purport of the claim (hereinafter “instant land”) based on sale on March 15, 1984.
B. On June 28, 2013, the Plaintiff acquired the ownership of the instant land from the Deceased.
C. Of the instant land, the portion of “b” as indicated in the purport of the claim is 157 square meters (hereinafter “the instant portion of the road”) is a village, adjacent to the G road owned by the Republic of Korea and the Fransi City F, and G road owned by the Republic of Korea, with a view to using some of the neighboring residents as a passage from around 1966, and there was a road having a width similar to the present one, since around 1987.
Since that time, the road part of this case was used as a passage for village residents in the state where concrete packaging was made. At around 2009, the defendant performed the ground-breaking works, irrigation works, earth and sand works, etc. on the road part of this case, and carried out the construction with a string over the string.
(hereinafter collectively referred to as the “instant construction,” hereinafter). [The grounds for recognition] There is no dispute, entry or video of Gap’s 1 through 7, 17, 22, 23 through 28, Eul’s 1, 2, and 4 through 5 (including the number of branches), the result of the survey and appraisal by the appraiser C of the first instance court, and the purport of the whole pleadings.
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion is that the Defendant: (a) covered the instant road by concrete packaging or buried water supply pipes; and (b) covered by asphalt; and (c) occupied the instant road while maintaining and repairing it.
Therefore, the Defendant is obligated to remove concrete and asphalt packed in the part of the instant road to the Plaintiff, deliver the portion of the instant road, and return unjust enrichment equivalent to the rent due to the unauthorized occupation of the instant road.
B. The judgment of the court below is accepted.