1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Facts of recognition;

A. On December 18, 1989, the land category of the instant land was changed to a road on the same day. The land category of the instant land was changed to a road on the same day.

B. The Plaintiff completed the registration of ownership transfer on March 8, 200 for the instant land based on sale on February 25, 2000.

C. Meanwhile, the defendant extended the width of the existing road to 14 meters according to the D rearrangement project around 1977, and incorporated the land in this case into a road, and later used it as a road until now.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 2 through 3 (including each number), and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant has a duty to return unjust enrichment equivalent to the profits from the use of the land of this case to the plaintiff, barring special circumstances, inasmuch as the defendant occupied and used the land of this case as a road, thereby gaining profit equivalent to the profits from the use of the land of this case, and thereby incurred loss to the plaintiff.

나. 피고의 주장에 관한 판단 피고는, 이 사건 토지가 도로로 편입될 당시 소유자였던 소외 E가 피고에게 이 사건 토지를 희사(喜捨)하였고, 그 이래 이 사건 토지의 전 소유자들이 모두 배타적 사용수익권을 포기하였으며, 원고도 이 사건 토지와 C 토지를 취득하면서 그와 같은 사정을 수인하였으므로 이 사건 토지의 배타적 사용수익권을 포기하였다고 주장한다.

Where a private land is naturally occurring or is classified as a proposed road and actually used as a road for public traffic, the owner of the land shall provide the land as a road by himself/herself and shall be entitled to free traffic to neighboring residents or the general public, or shall be granted the land.