1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. In the first instance court, the Plaintiff sought a return of unjust enrichment around the area of 434 square meters of Pyeongtaek-si D Road, ancillary collection of waterworks pipes, and delivery of the above land. ② In relation to the area of 326 square meters of Pyeongtaek-si Road, the Plaintiff sought a return of unjust enrichment around the area of 326 square meters and sought a return of unjust enrichment in the first instance court, one water supply pipe, two wastewater pipes in the first instance court, and two collection of sewage pipes and delivery of the above land. The first instance court dismissed all of the Plaintiff’s claims. After the Plaintiff appealed to the first instance court, the Plaintiff reduced the claim to delete the purport of the claim related to the area of 3

Therefore, the scope of adjudication on a party shall be limited to claims related to the area of 434 square meters on Pyeongtaek-si D.

2. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the first instance (excluding the part of sub-paragraph (e)). Thus, the court's explanation on this part is acceptable by the main sentence of Article 420

(hereinafter referred to as the “instant road”) . 3. The Plaintiff’s assertion

A. The primary argument is that the Defendant installs a water supply pipe on the ground of the instant road, and occupies and manages the instant road by providing it to the general public for the purpose of passage. As such, the Defendant is obligated to return to the Plaintiff unjust enrichment equivalent to the rent from March 20, 2013, which the Plaintiff acquired ownership of the instant road.

B. Preliminary assertion, if the road of this case is not provided for the passage of the general public, the defendant was laid underground without any title to the water supply center, so the defendant is obligated to remove the water supply center to the plaintiff and deliver the road of this case.

4. A road constructed by a landowner in the course of building and selling a group of housing sites shall be deemed to have granted the authority to pass the road to all persons who parcel out the housing site, including the purchaser of the land, unless there are other special circumstances.