2. The costs of lawsuit shall be borne by the Plaintiff.

A. C was the owner of land D, E, F, G, and H located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter “instant land”) and both adjacent to Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter “C”)

B. C divided the instant land from the maternity land in around 1974 and changed its land category into a road to make it available for access to the house to be newly constructed on the adjoining land.

C sold the adjacent land to a third party, and a house was constructed on the ground of the adjacent land.

C. Around 1974, the Defendant laid a sewerage pipe on the ground of the instant land.

On November 18, 2009, the Plaintiff completed the registration of ownership transfer for the instant land due to a compulsory auction on October 16, 2009.

E. The location of the instant land, etc. is as shown in the attached cadastral map, and the instant land is connected to the surrounding road, and is used as a passage for the general public, including the neighboring land residents.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 6 (including additional numbers), the purport of the whole pleadings

2. The parties' assertion

A. Since the Defendant alleged by the Plaintiff without permission buried and occupied and used the sewerage pipe on the ground of the instant land owned by the Plaintiff, the Defendant is obligated to pay the Plaintiff unjust enrichment equivalent to the rent for the occupation and use of the instant land.

B. C, the original owner of the instant land, as alleged by the Defendant, provided the instant land as a passage of the general public while creating and selling a housing site on the adjoining land, and renounced exclusive use of and right to benefit from the instant land, and the Plaintiff acquired it with the knowledge that the instant land is being used as a passage, and thus, the Plaintiff cannot seek a return of unjust enrichment against the Defendant.

3. Determination

(a)the original owner of the land shall provide part of the land to the site of the road without compensation, exclusively and exclusively;