1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C purchased approximately 1,224 of Seongdong-gu Seoul on December 31, 1963, but sold the said land by dividing it into 39 land of Seongdong-gu Seoul and E or F.

B. On May 25, 1968, G purchased from Seongdong-gu Seoul Metropolitan Government H large 42 square meters, and the land above was the same year.

9. On 19. 19. The land was divided into Seongdong-gu Seoul, Seongdong-gu and 106 square meters (32 square meters) and 33 square meters (10 square meters, March 1, 1995, the administrative jurisdiction of Gwangjin-gu Seoul Special Metropolitan City is changed to B; hereinafter “instant land”).

C. On June 11, 1968, J purchased the instant H land from G, and the Plaintiff purchased the said H land and the instant land from J and completed the registration of ownership transfer on May 18, 1972. On November 27, 1982, the J sold the said H land, excluding the instant land, to K on November 27, 1982.

The lower court, on December 10, 1969, determined that the land category of the instant L was changed from “building” to “road” to “road,” and used as a passage for the remaining land divided around that time.

The same side of the land in this case has M road in Gwangjin-gu, Seoul, and the land in this case is used as the passage of the housing complex.

From January 1, 2014, the name and address of “N” was assigned to the instant land.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1 through 3 and 7, appraiser's appraisal result, the purport of the whole pleadings.

2. The plaintiff's assertion that the defendant without legitimate title performed the construction of the asphalt package on the land of this case owned by the plaintiff and occupied it as a road for the passage of residents and vehicles. Therefore, the plaintiff is obligated to return unjust enrichment equivalent to the rent for the land of this case to the plaintiff.

3. Whether the Defendant occupied the instant land

A. The form of possession by the State or a local government can be divided into possession as a road management authority and possession as a de facto controlling entity, with regard to private land.