1. The defendant shall be the plaintiff.

A. As to KRW 149,447,00 and KRW 60,000 among them, from August 22, 2012 to April 9, 2013.

1. Basic facts

A. C filed an application for partition with respect to the said land during the period of possession of the area of 6,043 square meters (hereinafter “D land prior to partition”) prior to Seoyang-gu, Seoyang-gu. On November 29, 1978, from the above land, on November 29, 1978, C filed an application for partition with respect to the said land, which was 88 square meters, F, 212 square meters prior to E, G 212 square meters, 241 square meters prior to H, 240 square meters prior to H, 814 square meters prior to J, 184 square meters prior to K, 184 square meters prior to K, 184 square meters prior to L, 186 square meters prior to M, 144 square meters prior to M, 144 square meters prior to P, 144 square meters prior to Q, 178 square meters prior to Q, 154 square meters prior to M, 1931 square meters prior to M.

B. The Defendant, on or before June 2004, performed the asphalt packing work, etc. on the ground of B B prior to the date of not later than the date of June 2004 (hereinafter “instant land”), provided the instant land to the general public by using it as a road and providing it to the general public.

C. On May 18, 2005, the Plaintiff awarded a successful bid for the instant land in the public sale procedure with respect to the instant land and completed the registration of ownership transfer on May 23, 2005.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5 (including branch numbers, hereinafter the same shall apply), Eul evidence 1 to 16, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. (1) Determination as to the existence of the obligation to return unjust enrichment (1) The Defendant occupied and used the instant land as a road. Thus, barring any special circumstance, the Plaintiff is obligated to return unjust enrichment from August 10, 2007, as sought by the Plaintiff after the date of acquisition of the Plaintiff’s ownership, due to the occupation and use of the instant land.

(2) Determination as to whether to grant the right of free passage or to grant the right of use or to grant the right of use or profit-making (A) the Defendant provided the instant land to the neighboring residents or the general public by himself as a road, or renounced the exclusive and exclusive right of use or profit-making on the instant land.