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.

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on January 17, 1980 with respect to the land of Pyeongtaek-si E-road 132 square meters (hereinafter “instant land”), and owned the instant land continuously until now.

B. Of the instant land, the part of “bb” connecting each point of the instant land indicated in the annexed drawings is used as a road with concrete and asphalt packaging, and the part above and below the ground is installed directly by the Defendant in charge of expenses.

[Ground of recognition] A without dispute, entry and video of Gap evidence Nos. 1 and 4 (including a branch number if there is a serial number; hereinafter the same shall apply), the result of on-site inspection by the court of first instance, the result of a request for surveying and appraisal by the court of first instance to the Intellectual Property Corporation, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The defendant, without a legitimate title, has constructed a significant portion of the land in this case owned by the plaintiff and provided it to the general public for traffic. Since around 2009, the defendant occupied and managed the land in this case by installing water supply and drainage pipes, sewage pipes, drainage pipes, etc. on the land in this case, which directly contributed to expenses. Even if the defendant's occupation is not recognized as to the use of the above part of the land in this case as a road, at least as long as the defendant establishes and manages sewage pipes and drainage pipes, the possession of the above land in this case should be recognized. Therefore, the defendant's claim against the plaintiff for the payment of the amount stated in the purport of the claim as unjust enrichment from the possession and use of the land in this case.

B. We examine the judgment.