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

A. The Plaintiff’s assertion that the Defendant provided the Plaintiff-owned road B 513.2 square meters (hereinafter “instant road”) to the general public for occupation and use without any legal ground, thereby gaining profits without permission and causing damages to the Plaintiff.

Therefore, from June 10, 2012 to March 11, 2018, the Defendant is obligated to pay to the Plaintiff KRW 345,650,00, which is the amount equivalent to the rent, as unjust enrichment from the possession and use of the instant road from June 10 to March 11, 2018, and delay damages therefor.

B. The Defendant’s assertion that the Plaintiff renounced the exclusive use and the right to benefit with respect to the instant road.

2. Determination

(a) In a case where a local government has, with respect to the land which was actually being used by the public from the past, completed packing works, etc. by subsidizing a large portion of the expenses to the opportunity for the residents' self-help projects in which the neighboring residents participate, and offered them to the public roads for public use by the general public, such land shall be deemed under the possession and management of the local government from that time. However, if the land owner voluntarily provides it through the passage of the residents or as the owner renounces or loses the exclusive use right as the owner by permitting the passage of the residents, any loss may not be caused to the land owner due to the possession of the

(See Supreme Court Decision 91Da11889 delivered on July 9, 191, etc.). In interpreting the intent that a landowner renounces his/her right to use and benefit therefrom, the following circumstances are as follows: (a) details and period of ownership of the land; (b) details and scale of selling the remaining land in installments; (c) the location and nature of the land used as a road; (d) relationship with neighboring land; and (e) the surrounding environment; and (e) the degree of contribution to the land for the effective use and benefit of the remaining land partitioned and sold.