1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiffs' claim corresponding to the revoked part is revoked.

1. The reasoning for the court’s explanation on this part of the facts of recognition is as stated in the reasoning of the judgment of the first instance, except for the addition of “each video of the evidence Nos. 27 and 28” to the grounds for recognition. Therefore, this part is cited by the main text of Article 420 of the

2. Whether to permit the return of unjust gains;

A. The plaintiffs asserted that since the defendant's incorporation of each of the lands of this case into the road and obtained profits by occupying and using them, and caused damages to the plaintiffs who are owners, the plaintiffs should return unjust enrichment from such occupancy and use to the plaintiffs.

Accordingly, the defendant asserts that since the deceased AA and the deceased AF renounced their exclusive rights to use and benefit from the land of this case, the plaintiffs who are their successors or specific successors cannot seek a return of unjust enrichment due to the possession and use of the land of this case against the defendant.

B. (A) In a case where the owner of land owned the land for public use, such as a road, etc., if the owner of the land provides the land owned by him/her for public use, the following circumstances are comprehensively considered: (a) the details and period of holding the land; (b) the details and scale of the owner’s provision of the land for public use; (c) the interest or convenience of the owner of the land; (d) the location or form of the relevant part of the land; (e) the relationship with the neighboring land and surrounding environment; and (e) the comparative balancing between the ownership guarantee of the landowner and the public interest, if the owner is deemed to have waived the exclusive, exclusive, and exclusive rights to use the land, a third party (including

Even if there are no special circumstances, land owners cannot claim return of unjust enrichment against others, and land owners cannot claim return of unjust enrichment.