1. The defendant shall be the plaintiff.

(a) Of the 1,258 square meters of a gas station site A in Tong-gu, the attached drawings 1, 258 square meters, 2, 3, 1, respectively.

1. According to the facts that there is no dispute between the parties to the recognition, and the entries and videos of Gap evidence 1-1, Gap evidence 2, and 4, the plaintiff owned 1,258 square meters of a gas station site A in Tong-gu. The defendant is recognized as having occupied and used the above land by opening a part of 91 square meters of a part on a ship (Ga) in the above land as a road and providing it for the general traffic.

2. As to the judgment on the defendant's defense prior to the merits of this case, when the plaintiff filed a claim against the defendant for the return of the amount equivalent to the rent for the possession and use of the above part of the ship as unjust enrichment, the defendant's defense against the defendant. Thus, according to Article 8 of the Civil Procedure Act, the lawsuit on the property right may be brought to the court of the place where the obligation is performed, and pursuant to Article 467 (2) and (1) of the Civil Act, if the nature of the obligation or the place where the plaintiff's declaration of intent is performed is not determined, the obligation other than the specified thing must be performed at the present address of the creditor. Thus, the plaintiff's lawsuit on the claim for return of unjust enrichment equivalent to the rent for the defendant can be brought to the court of this case which is the competent court of the domicile of the plaintiff. Further, Article 20 of the Civil Procedure Act provides that the lawsuit on the real estate may be brought to the court of the place where the real estate is located, but it does not have exclusive jurisdiction over other court of the place where the real estate is located.