1. All of the plaintiff's claims are dismissed.

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

1. The plaintiff's assertion asserts that since the defendant uses the land of this case owned by the plaintiff as a road without permission, the defendant delivered the land of this case to the plaintiff, and that the defendant is obligated to pay unjust enrichment of 5,723,640 won and delay damages equivalent to the rent during the period of possession for which the statute of limitations has not lapsed

2. Determination

(a) In a case where a private land under the Framework Act is naturally occurring or is classified into a proposed road site and actually used as a road for the traffic of the general public, if the owner of the land grants the right to free traffic to neighboring residents or the general public by providing the land as a road, or expresses his/her exclusive and exclusive right to use and profit from the land, it shall be determined by comprehensively taking into account all the circumstances such as the circumstance and period he/she owns the land, how and how he/she sells the remaining land in installments, how and how the land was sold in installments, the location and nature of the land to be used as the road, the relationship with other neighboring land, surrounding environment, etc., and the degree of contribution to the land for the effective use and profit of the remaining land partitioned and sold should be determined by comprehensively considering

(B) Supreme Court Decision 2013Da33454 Decided September 12, 2013; Supreme Court Decision 88Meu1697 Decided July 11, 1989; Supreme Court Decision 2010Da47681 Decided November 25, 2010, etc.).

Judgment

In light of the above legal principles, C acquired the ownership of Goyang-si D around April 4, 1923, when comprehensively taking account of the overall purport of the arguments in the items of Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 3, and Eul evidence Nos. 1 through 3, and C deposited KRW 36,967,00 as compensation for expropriation, around November 30, 1990, the land of this case was divided into Goyang-si D according to the Saemaul Project around December 9, 1972, and the land category was changed from the same day to a road. The Korea Land Development Corporation deposited KRW 36,967,00 as compensation for expropriation.