1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 17, 1989, Gwangjin-gu Housing Co., Ltd. (hereinafter “Blue-gu Housing Co., Ltd”) obtained approval of housing construction project plans for B apartment houses, and constructed each of the above apartment houses upon obtaining approval of housing construction project plans for C apartment houses on April 12, 1990.

B. At the time of each construction of B and C apartment, B apartment was constructed on the land of Incheon Northern-gu, and C apartment was constructed on the land of Incheon Northern-gu, Incheon Northern-gu, but on March 1, 1995, Incheon Northern-gu, Incheon Bupyeong-gu, Incheon, where B apartment is located, was divided into Bupyeong-gu and Gyeyang-gu, Incheon, and the Incheon Northern-gu, Incheon, where C apartment is located, was changed to Bupyeong-gu, Bupyeong-gu, Incheon.

C. H land in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant land”) is used as a access road to enter B and C apartment together with the land of J, K, and L, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon. B apartment and east-gu, respectively, is located from the center of the instant land.

The Incheon Metropolitan City requested the Korea Asset Management Corporation to conduct a public sale of the instant land registered in the name of the Gwangju Housing for the reason of the delinquency in tax in the payment of the taxes on the Gwangju Housing, and the Plaintiff purchased the instant land in the public sale procedure and completed the registration procedure for transfer of ownership on October 7, 2010 under the name of the Plaintiff for the instant land on October 5, 201.

E. On November 5, 2010, the Plaintiff filed a lawsuit against the Defendant claiming return of unjust enrichment (hereinafter “instant lawsuit claiming return of unjust enrichment”) against the Defendant on the ground that the Defendant opened a road, which is an urban planning facility, on the instant land without a legitimate title, and used it for the public passage. However, on July 6, 2011, the Plaintiff was sentenced to the judgment against the Plaintiff in the instant lawsuit. The Plaintiff’s appeal and appeal were dismissed, respectively, and the said judgment became final and conclusive on September 27, 2012.