1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Basic facts C around November 30, 1913: (a) around Seopo-si, Seopo-si, Seopo-si (hereinafter “instant land before the instant partition”); (b) was under the circumstances of KRW 2,298 (hereinafter “instant land before the instant partition”).

The land before the instant partition was divided into 593 square meters before Seopo-si, Seopo-si, Seopo-si, and 250 square meters before Seopo-si, Seopo-si, Seopo-si, and 1,455 square meters before E.

After June 3, 1957, the 250 square meters prior to Seopo-si, Seopo-si, Seopo-si, B was changed to the road category as a village joint road expansion project, and the 826 square meters of the road B (hereinafter “instant land”).

As above, the land of this case has been provided for the passage of residents since the land category was changed to a road, and has been used as a road until now.

On the other hand, after the death of August 18, 1966, C succeeded to the land of this case by F, and after the death of F on October 28, 1993, C succeeded to the land of this case.

On August 12, 2011, the Plaintiff completed registration of initial ownership relating to the instant land.

[Grounds for recognition] The plaintiff's assertion as to Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, Gap evidence 5, Gap evidence 6, Eul evidence 1-3, and the plaintiff's assertion as to the purport of whole oral argument, the defendant's assertion is changing the land category of the land of this case to a road without any title and uses it as a road until now after the completion of road packing work.

Therefore, the Defendant is obligated to pay to the Plaintiff unjust enrichment equivalent to the rent from June 20, 208 to June 19, 2013 and delay damages at the rate of 20% per annum from the day following the delivery date of a copy of the complaint of this case to the day of complete payment. The Defendant is obligated to pay to the Plaintiff unjust enrichment equivalent to the rent every year from June 20, 208 to the day when the Plaintiff lost its ownership or the Defendant completed the use of the instant land.

Judgment

Since the exclusive right to use and benefit from goods is the core right of ownership, the owner waives the right to use and benefit from the property in the claim relationship with the third party, or uses and benefits from the property.