A. On June 10, 1991, the Plaintiff and Nonparty C acquired shares of 319/504 shares, and 185/504 shares, respectively, of 504 square meters of the school site D in Ulsan-gu, Ulsan-gu (hereinafter “instant land before the instant partition”).

B. On June 18, 1993, the land before the instant subdivision was divided and registered with 367 square meters of the said D school site (hereinafter “D”) and 137 square meters of the B school site (hereinafter “instant land”). On the same day, the land category of D land was changed to a site on the same day.

C. On January 25, 2000, the Plaintiff acquired the remainder of the land in this case.

The land of this case is currently packed into concrete or asphalt and offered for the passage of the general public, and is assigned to the E-line site by the Defendant’s lawsuit.

[Reasons for Recognition] Facts without dispute, Gap 1-6 evidence, Eul 6 evidence, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s major assertion (1) Plaintiff’s assertion (A) has independently owned the entire land of this case since the acquisition of the entire share of the instant land, and there is no waiver of exclusive use and profit-making rights to the instant land.

(B) The Defendant, without any title, made packaging the instant land without any title, used it as a road, and occupied it, thereby unjust enrichmenting a considerable amount of its usage profit.

The use profit must be calculated by deeming the instant land as a “school site”.

(C) The Plaintiff seeks the return of unjust profits acquired after July 8, 2009 to the Defendant.

(2) (A) The Plaintiff’s assertion (A) renounced the exclusive right to use and benefit from the instant land in the process of constructing a new building on the ground of the instant land after the purchase of the instant land, which was part of which was already used as a road, after the purchase of the instant land before the subdivision, and thus, cannot seek

(B) Even if not, the Defendant takes into account the circumstances in which the whole or part of the instant land was already used as a road.