The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

The total costs of litigation shall be borne individually by each party.

purport, purport, and.

1. Basic facts

A. The Plaintiff is an owner of 3/8 shares among 132 square meters in Suwon-gu, Busan (hereinafter “the Plaintiff’s land”). The Defendant is an owner of D-73 square meters adjacent to the said land (hereinafter “the Defendant’s land”).

B. While the Defendant owned an unauthorized building on the ground of the Defendant’s land, the Defendant extended the above building around 1997.

(hereinafter referred to as “instant building”). 【No dispute exists, entry of evidence A Nos. 1 and 2, images of evidence Nos. 5 and the purport of the whole pleadings

2. Since part of the building owned by the Plaintiff’s assertion occupies the part of the instant land, the Defendant is obligated to pay to the Plaintiff the amount equivalent to the rent corresponding to 3/8 ownership of the Plaintiff’s share (7,303,500 won from December 29, 2007 to February 15, 2019 and the amount calculated at the rate of 79,530 won from February 26, 2019) due to the return of unjust enrichment.

3. Determination

A. According to the results of fact inquiry conducted on October 18, 2019 and February 28, 2020 by the court of the first instance on the Korea Land Information Corporation and Busan Vice-Governor, the fact that the land of this case and the land adjacent to the defendant is not designated as the land subject to the correction of registered matters, but does not coincide with the cadastral map and the current status. As a result, the Mayor of the Korea Land Information Corporation and the Busan Vice-Governor of the Korea National Land Information Corporation presented the opinion that the determination of the survey results of the above land was impossible. Although the head of the Si/Gun/Gu judged that the boundary correction for the neighboring areas of the above land should be made, it can be recognized that the above area was excluded from the land subject to the cadastral assessment project on the ground that the land of this case and the land adjacent to the defendant constituted the area subject to the cadastral confirmation survey by the public notice, etc. in the course of implementing the urban development project.

(b) above;