1. The plaintiff's claim is dismissed.

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

1. The Plaintiff’s assertion asserts that the Plaintiff shall purchase the instant land at the auction procedure on December 8, 2016 and return unjust enrichment from the possession of the Defendant, who occupied the instant land as a road, as the owner who completed the registration of ownership transfer on December 14, 2016.

2. Determination

A. In a case where a private land is naturally occurring or is classified into a proposed road site and actually used as a road for the traffic of the general public, if the owner of the land grants a neighboring resident or the general public the right to free access to the land by providing the land as a road, or if interpreting that he/she gives a waiver of exclusive and exclusive right to use and benefit from the land, he/she shall make a decision by comprehensively taking into account all the circumstances such as the circumstance and period he/she owned the land, the situation and scale of selling the remaining land in installments, the location and nature of the land used as the road, relationship with other neighboring land, surrounding environment, etc., and the degree of contribution to the remaining land as a whole for the effective use and benefit of the divided and sold land.

(See Supreme Court Decision 2005Da31736 Decided May 12, 2006, etc.). B.

The following facts may be acknowledged in full view of the descriptions of Gap evidence 1 to 6 and Eul evidence 1 to 4 (including branch numbers for those with serial numbers) and the whole purport of arguments.

① The instant land was divided into a 1583 square meters on the instant land prior to the division, and the said C Dae-1516 square meters and the instant land (large 67 square meters at the time) were owned by the optical Construction Co., Ltd.

② On July 1983, the Gwangju Construction Co., Ltd. started to construct a D apartment, an aggregate building, on the land above C before subdivision, and on November 2, 1983, the land was divided by applying for land division as above (1).

The land of this case is the change of land category of Mine Construction Co., Ltd. on November 3, 1983.