1. The plaintiff's claim is dismissed.

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

The Plaintiff asserts that the Plaintiff is obligated to return to the Plaintiff the amount equivalent to KRW 100,000 per month from May 27, 2015 to May 26, 2015 and the amount equivalent to KRW 740,000 per month from May 27, 2015, which is the amount equivalent to the monthly rent from the date of incorporation into the said road, to May 26, 2015, as unjust enrichment, since the Defendant incorporated the instant land into the road in around 1985 after the implementation of an urban planning project under the Urban Planning Act, and transferred it to the road in around 2002, by providing it to the public for traffic.

The form of occupation of a road by the State or a local government can be divided into possession and possession as a de facto controller of the road management authority. As can be seen, if the existing de facto road is a public announcement of the recognition of routes under the Road Act, a road zone, or a road is constructed by the implementation of an urban planning project under the Urban Planning Act, possession as the road management authority starting from that time may be recognized. Even if a road is not established pursuant to the Road Act, the State or a local government can be deemed to have commenced possession as the de facto controller of the existing road when it is used for the general public for the purpose of construction or maintenance of a road, such as expansion of the existing road, road packing, or installation of sewerage system.

I would like to say.

According to the above legal principles in light of the above legal principles, the land category of the instant land was changed to a road on December 17, 2004, and the Seoul Special Metropolitan City determined and announced an urban planning facility on the instant land, even though it is deemed that the land category was determined and publicly announced by the Seoul Special Metropolitan City, in light of the above legal principles, the road zone was determined by the road management agency under the Road Act.