1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 16, 1940, the land category of paragraphs 1 and 2 in the attached list is changed from May 16, 1940 to the road, and the Plaintiff completed each registration of ownership transfer on May 25, 1964.

Land of Paragraph 3 in the attached list was changed from June 30, 1956 to a road, and land of Paragraph 4 in the attached list to a road from November 5, 1956 to a road. The plaintiff completed each registration of transfer of ownership on May 25, 1964.

(B) The land cadastre of the above 3 and 4 stated that the Plaintiff completed the registration of ownership transfer on May 25, 1934. However, in light of the fact that the Plaintiff entered the registration of ownership transfer on May 25, 1964 in the copy of the register, and that the date of birth of the Plaintiff is “B” after May 25, 1934, the above “1934.”

The Defendant is using each land listed in the separate sheet (hereinafter referred to as “each land of this case”) as a road by changing the land category of each land in the separate sheet to a road. Around that time, the Defendant opened and expanded the road to use it as a road until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including paper numbers, hereinafter the same shall apply), Gap evidence Nos. 7, Gap evidence Nos. 8, and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant provided each of the instant lands owned by the Plaintiff as the passage of the general public, obtained profits by occupying and using them, and thereby suffered losses to the Plaintiff. Thus, the Defendant is obligated to return unjust enrichment from the possession and use of each of the instant lands to the Plaintiff, the owner of each of the instant lands, barring special circumstances

3. Judgment on the defendant's defense

A. The defendant asserts that the acquisition by prescription has been completed since the land category of each land of this case was changed to the road, since it occupied the land of this case as the owner's intent.