1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. B owned the land in Gangdong-gu Seoul Metropolitan Government, D, E, F, and G (hereinafter collectively referred to as “existing land”). Around December 19, 1980, the land category of the existing land was changed from “responding to “road” to “road” due to a land-building adjustment project (hereinafter “instant project”) and a disposition of replotting accordingly, as indicated in the table below. Around December 19, 1980, B owned each land listed in the separate sheet (hereinafter collectively referred to as “the instant land”).

CD E F GIJ L LM

B. Since the completion of the instant project from around 1981, the Seoul Special Metropolitan City was built and occupied and managed roads on the instant land, and used them for the passage of neighboring residents. Upon the enforcement of the former Local Autonomy Act (amended by Act No. 4162 of Dec. 30, 1989), the Defendant occupied and managed the instant land from May 1, 198 to the Defendant.

(c)

B The Plaintiff died on June 19, 2017, and the Plaintiff succeeded to the instant land from B.

[Ground for recognition] Unsatisfy

2. Determination as to the cause of claim

A. The summary of the party's assertion 1) The plaintiff succeeded to the possession of the land in this case by Seoul Special Metropolitan City and Seoul Special Metropolitan City, with knowledge that the owner of the land in this case was B, changed the land category of the land in this case to the road, and uses the land in this case as the passage of neighboring residents while occupying and managing the land in this case. This means that the defendant gains unfair profits equivalent to the rent by using and making profits from the land in this case without any legal ground, and thereby, thereby causing damage to the plaintiff, who is the owner of the land in this case, is obligated to return the amount equivalent to the rent stated in the purport of the claim to the plaintiff as

The argument is asserted.

2) As to this, the Defendant provided the instant land as a road by providing it to the public.