2. The costs of lawsuit are assessed against the plaintiffs.

A. On May 19, 1966, the deceased D (hereinafter “the deceased”) acquired the ownership of each real estate listed in the separate sheet (hereinafter “each land of this case”). As the deceased died, the Plaintiffs, the inheritor, jointly own each land of this case in proportion to the shares listed in the separate sheet.

B. In the case of applying for land division and land category change on June 17, 1989 after the deceased obtained a building permit on the land of 167 square meters on the land of Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, the ownership of which was owned, the land was divided from the above land and the land category was changed from the site to the road.

In addition, after the deceased obtained a building permit on the land of the F 3,618 square meters in Gyeyang-gu, Seoyang-gu, Yangyang-gu, the deceased owned, the building act was conducted, and the land category was divided from the above land to the road on December 22, 1984 as a result of applying for land division and land category change.

C. At present, each of the instant lands is being used for the general public’s traffic in a state where the asphalt package is packed.

[Ground of recognition] Unsatisfy facts, Gap evidence 1 through 5, Gap evidence 7, 8 evidence, Eul evidence 1 through 3, and Eul evidence 5 (including each number), the result of the on-site inspection by this court, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs asserted that the defendant is obligated to pay the amount stated in the purport of the claim to the plaintiffs due to the return of unjust enrichment equivalent to the rent, since the defendant, at his own discretion, made a road to exclude the deceased from private possession and management, made the container package and provided them for the passage of vehicles and neighboring residents. Even after the repair work, etc., he directly occupied and managed the repair work, thereby gaining profits without any legal ground and thereby suffered losses from the plaintiffs.

B. As to the defendant's assertion, the defendant is currently packaging each of the lands of this case into a road, but the defendant opened the relevant road.