1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

(1)in the vicinity of the State;

1. Basic facts

A. The instant land is incorporated into “Road Expansion Works” on January 24, 1979, and is divided from “F-si, Seoyang-gu, Seoyang-gu.” (the category of the instant land was changed to a road in the forest land register on the same day), and C and D completed the registration of ownership transfer for the said land on September 21, 1971, each 1/2 shares on October 25, 1971.

B. On May 31, 1978, the Defendant concluded a contract with C and D to purchase the instant land in KRW 84,695, and around that time, paid KRW 50,000 to them.

Afterwards, the Defendant intended to pay the balance to the seller after completing the road construction work and determining the incorporated area. However, as the address is unknown, it was difficult to pay the balance to the seller. On February 29, 1980, the Defendant deposited the remaining 34,695 won as the principal deposit.

C. Since 1979, the Defendant occupied and used the instant land as a road.

On October 24, 1995, the Plaintiff completed the registration of ownership transfer on June 10, 1996 for the share of D 1/2.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6-2, 3, 5, 11, 12, 14, Eul evidence Nos. 3 through 6, 8, and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is that the Defendant gains a considerable amount of rent by occupying and using the instant land as a road. Therefore, the Plaintiff, the owner, must pay unjust enrichment equivalent to the above rent to the Plaintiff.

3. Determination

A. Generally, it is naturally anticipated in light of the empirical rule that a person who intends to acquire the ownership of land through a successful bid, sale, or payment in kind will examine the location, current status, and surrounding land in advance by means of land cadastre, registry, urban planning confirmation source, cadastral map of the related land, and in particular by means of public announcement of the auction date, details of auction objects kept in a court, or inspection of detailed statement of auction objects or execution records kept in a court. The original owner of the relevant land