1. The plaintiff's claims against the defendants are all dismissed.

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

1. On November 19, 2013, the Plaintiff asserted that the real estate registered in the separate sheet (hereinafter “instant road”) was sold on November 19, 2013 at the Daegu District Court K Real Estate Auction case and completed the registration of ownership transfer on November 21, 2013.

However, without any title, the Defendants gain unjust enrichment equivalent to the rent by occupying and using the instant road without any title. Accordingly, the Plaintiff suffered damages equivalent to the same amount. Therefore, the Defendants are obliged to return unjust enrichment equivalent to each of the rent to the Plaintiff.

2. Determination

A. In a case where a land owner is naturally and actually used as a road which is classified into a road site and is actually used as a public road for the purpose of the general public, it shall be determined by comprehensively taking into account the following: (a) the circumstance and period he owns the land; (b) the situation and scale of the sale in installments of the land; (c) the location and nature of the land used as the road; (d) the relationship with the neighboring land; and (e) the degree of contribution to the land for the efficient use and profit-making of the remaining land partitioned and sold; and (e) the owner of the land waives his exclusive and exclusive use and profit-making rights to the land without compensation by providing it to the neighboring residents or the general public; and (e) any person who specifically succeeds to the ownership of the land by auction, sale, payment in substitutes, etc. after the residents have passed the land without compensation; and (e) the ownership of the land is known to the effect that it is a restriction on use and profit-making rights or at least the ownership of the land.