1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The real estate indicated in the attached list (hereinafter “instant land”) was 29 square meters in the field B of the Gyeonggi-gun, Goyang-gun, Gyeonggi-do, but the land classification was changed on July 7, 1965. The registration was made on June 1, 197 by converting the area into the area of 96 square meters, and it became 96 square meters in the Sinyang-gu, Seoyang-gu, Busan-si, Busan-si, a road.

B. D purchased the instant land from E on June 10, 1970, and completed the registration of ownership transfer on July 31, 1981, and the Plaintiff completed the registration of ownership transfer on April 2, 2010.

C. The instant land began to be used as a road since before around 1967.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 1 (including branch numbers, if any) or the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff asserts that the plaintiff is obligated to pay unjust enrichment equivalent to rent and delay damages to the plaintiff, since the defendant occupied and used the land of this case owned by the plaintiff as a road.

B. Determination 1 of the form of a road by the State or a local government can be divided into possession and possession as a de facto controlling body of the road management authority. As such, first of all, the possession as a road management authority may be recognized when a public announcement of recognition of routes under the Road Act, a road zone is determined, or when a road is constructed by the implementation of an urban planning project under the Urban Planning Act, even if the construction of a road is not conducted by the State or a local government, and then the land is in the form of a road by performing the construction of a road on the private land where the State or a local government did not common use for the general public traffic, and then is in fact under the de facto control of the State or a local government.