1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff completed the registration of transfer of ownership in the Plaintiff’s name as Songwon District Court’s registration office on December 31, 1966, received on December 31, 1966, with respect to the land of 93 square meters in Pyeongtaek-si B road (hereinafter “instant land”).

B. The instant land was determined and publicly announced as an urban planning facility (road) on December 17, 1996, and is used as a road packed by a asphalt and provided for the passage of the general public.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-2, Eul evidence 1 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the Defendant is obligated to pay to the Plaintiff unjust enrichment equivalent to the rent for the instant land after February 15, 2010, since the Plaintiff occupied and used the instant land as a road for the general public’s passage.

B. Determination 1) The form of occupying a road by the State or a local government can be divided into possession and possession as a road management authority. As such, the public announcement of recognition of routes and road zones under the Road Act is determined by the former Urban Planning Act (amended by Act No. 6655 of Feb. 4, 2002) or the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) or the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

In the event that a road is constructed as a result of the implementation of an urban planning project pursuant to the Road Act, the occupation of the road management authority may be recognized as being commenced from that time. In the event that the State or a local government actually executes the reconstruction or maintenance work of the existing road, such as expansion, packing, or installation of sewerage, and uses it for the traffic of the general public, it shall be deemed that the existing road is under the de facto control of the State or the local government, and it shall be deemed that the occupation of the road is commenced as the controlling