2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. On September 11, 1948, Korea acquired ownership of the area of 899 square meters on the Nam-gu, Ulsan-gu C road.

On October 26, 2007, the Plaintiff acquired ownership of 192 square meters prior to B.

B. The Nam-gu, Ulsan Metropolitan City: (a) around 2008, the Nam-gu, along with a part of (b) 73 square meters in line (hereinafter “the part of the instant land”) connected each point of (i) 1, 6, 7, 8, 9, 5, and 1 attached Table No. 1, (ii) of the said C road and 192 square meters adjacent to the said C road and its neighboring B B, which are connected to it, was packaged for asphalt (hereinafter “the instant road”); (b) the said road and the instant part of the land were provided to the public, such as the related parties to neighboring private enterprises and residents.

C. On December 14, 2012, the Defendant transferred and taken over the management of State-owned general property under the jurisdiction of the Minister of Strategy and Finance, which was managed by the Nam-gu Seoul Metropolitan City, Ulsan Metropolitan City, Nam-gu. The property list included the above C road 89m2 in the property list.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1, 2, 5, 6, evidence Nos. 7-1, 2, 8, and 9 of evidence Nos. 7-2, 9, the result of the survey and appraisal by the appraiser D of the first instance court, the fact-finding with the head of Ulsan Metropolitan City south-gu of the first instance court, the purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendant occupied the instant part of the land owned by the Plaintiff as a manager of the said road from December 14, 2012, which transferred and taken over the instant road from the Nam-gu, Ulsan Metropolitan City without permission. As such, the Defendant is obligated to transfer the said part of the land to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to the rent from December 14, 2012 to the completion date of delivery of the said part of the land

3. The judgment of this Court

A. The individual property directly provided for administrative purposes by an administrative entity, such as the legal nature of the instant road and the State or a local government, constitutes a so-called “public property,” and among them, personal public property, such as roads, can be established as a public property only when the act of the administrative entity begins.