1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

1. The parties' assertion

A. The plaintiff's assertion that the land of this case had been used as entry into and exit from 18 parcels, i.e., the Ysan-gu, the Jeonju-si and 18 cities. However, in order to carry on the profit-making business of supplying urban gas that is not related to the public interest purpose of residents' passage, the defendant laid urban gas pipelines on the underground part of the site of this case owned by the plaintiff and then gains profits from the plaintiff while occupying and using urban gas pipelines until now. Thus, even in such a case, it cannot be interpreted that the land owner has given exclusive and exclusive right

Therefore, the Defendant shall return to the Plaintiff unjust enrichment from the possession and use of the underground part of the instant site without authority after July 2010, the Plaintiff acquired ownership of the instant site.

B. The Defendant’s assertion was that the instant site was land where the exclusive right to use and benefit was waived for the convenience of living, such as passage of neighboring residents, and that constitutes land for public use as a road managed by the Jeonju-si, and the Plaintiff acquired it with knowledge.

The Defendant cannot be deemed as taking unjust enrichment on the ground that the Defendant merely laid urban gas pipelines on the instant site with the permission of the competent authority upon receiving a request for the supply of urban gas by the housing owners using the instant site as the access site, and did not laid urban gas pipelines without permission.

2. Facts of recognition;

A. The instant site is jointly owned by D, E, and F (hereinafter “D, etc.”) from February 22, 1971, and the ownership was transferred to G on November 28, 1983, and H succeeded to it on July 19, 2003. On July 21, 2010, the Plaintiff was awarded the instant site at the Jeonju District Court I’s International Compulsory Auction procedure and completed the registration of ownership transfer in the Plaintiff’s name on July 28, 2010.

B. The instant site is about 4m wide and about 124m long and longer.