A. On January 21, 1991, the Plaintiff completed the registration of ownership transfer on the ground of inheritance by consultation and division on December 20, 1967 with respect to the land B, Jung-gu, Incheon on December 21, 1991, and on November 4, 2002, C-road 65 square meters (hereinafter “instant land”).

B. Since around 1925, D, his father, acquired the ownership of the entire land of Gyeonggi-do, Gyeonggi-do, and the land category was divided and changed on May 31, 1940, and the said land was divided and land category was changed.

C. The instant land is currently used as a road packed in asphalt, and route buses approved by Incheon City from July 2009 are passing through the said road.

On the other hand, the land of this case was used as a road in around 1989, which was before the division, with the present shape, and currently, the defendant occupies and manages the road that passes the land of this case.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, 4, Eul's 1, 2, and 3, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant, on May 21, 2009, sought unjust enrichment from the Plaintiff (i.e., the Plaintiff appears to have been far prior to the use of the instant land as a road without any legal ground, on the part of May 21, 2009, by occupying and using the instant land as a road without any legal ground. Accordingly, the Plaintiff, the owner of the instant land, suffered unjust enrichment equivalent to the rent.

Therefore, the defendant is obligated to return unjust enrichment from his possession to the plaintiff, unless there is any assertion as to the source of possessory right.

B. The Defendant did not raise any objection to the change of bus routes by raising an objection at the time when the Plaintiff’s selection of the bus transport business entity and the bus route became final and conclusive, and at the time of the commencement of the operation of the bus. Therefore, the Plaintiff has exclusive rights to the instant land.