1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

A. The Plaintiff is the owner of the instant road, and the Defendant is the owner of Jeju-si D land adjacent to the instant road (hereinafter “instant land”).

B. On April 20, 1939, G was divided into G in Jeju, including the instant road and the instant land, and before the division, G sold the ownership by H on April 20, 1939. The instant road was transferred in order of I, J, K, and the Plaintiff. The instant land was transferred to L, the Defendant’s heir’s ownership was transferred, and M’s heir’s ownership was transferred, and N (the Defendant appears to have been subject to punishment) and the Defendant’s ownership was transferred in sequence.

C. Before the Plaintiff purchased G on April 30, 1986 and the O on April 1, 1988 and merged and owned P land, the instant road was used as a passage of land such as the instant land and Q, etc., combined with P land, and up to now the instant road was used as a asphalt package, and is used as a passage of the instant land.

[Ground of appeal] The plaintiff asserts that the defendant has a duty to deliver the road of this case to the plaintiff and return the rent amount to unjust enrichment by the day of delivery. 2) The defendant waived the right to exclusive use of the road of this case by selling the road of this case as access road of this case while selling the road of this case and adjacent land as access road of this case. The defendant asserts that the plaintiff is not obligated to pay unjust enrichment to the plaintiff for unjust enrichment due to delivery of the road of this case and possession of the road of this case.

3. As to this, the Plaintiff.