1. The defendant shall be the plaintiff.

A. Of the land size of 823 square meters prior to Pakistan, the attached appraisal marks 1, 2, 3, 4, and 1 shall be in sequenceed.

1. Facts of recognition;

A. D completed the registration of ownership transfer on the ground of “the completion of repayment on December 28, 1964,” with respect to “C preceding 499 square meters” on June 22, 1965.

D died on April 19, 1974.

나. 위 토지는 1981. 5. 26. 그 중 250평이 파주시 E 토지로 분할되어 나간 결과 249평(≒ 823㎡, 이하 ‘이 사건 토지’라고 한다)만 남게 되었는데, D의 차남인 F이 같은 날 이 사건 토지에 관하여 구 부동산소유권이전등기등에관한특별조치법(1977. 12. 31. 법률 제3094호, 실효, 이하 ’특별조치법‘이라고 한다)에 근거하여 ‘1974. 4. 1. 수증’을 원인으로 소유권이전등기를 마쳤다.

C. On August 3, 1993, the Plaintiff, a Samnam, completed the registration of ownership transfer on the instant land on the grounds of “donation on May 30, 1982.”

On March 5, 2008, the Defendant made a claim for unjust enrichment equivalent to the rent on March 5, 2008, and ten years retroactively from the date of the first receipt of the application for modification.

B. On the instant land prior to this point, ① ownership of the portion of “A” portion of “A” on the instant land, which was connected with each point of the attached Table 1, 2, 3, 4, and 1, in sequence, in the order of the said items, owned a house of KRW 17 square meters in the part of “B” in the ship connected each point of KRW 5, 6, 7, 8, 9, 10, 10, and 5 with the indication of the same drawing; ③ ownership of the portion of “Acolc” in the part of “Acolc” with each point of KRW 11, 12, 13, 14, and 11 of the same drawing, and owned a house of KRW 36,4, 2, 3, 4, 5, 6, 7, 8, 9, 10, and each of the said parts of the said land and each of the said land enclosed with each of the said “B” land of KRW 28, the instant land.

[Reasons for Recognition: Each entry of Gap evidence 1 to 8, Gap evidence 9 and 11, each film of this Court's commission of appraisal to the Korea Land Information Corporation (Appraiser G), the purport of the whole pleadings.