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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 22, 2016, the Plaintiff completed the registration of ownership transfer on the land listed in the separate sheet (hereinafter “instant land”) on April 20, 2016 due to voluntary auction.
B. Among the instant land, there is a package road in the part of 80 square meters in the ship connected with each point of 1,5,6,7,8,3,4, and 1 of the attached drawings among the land in this case, and the part of 9 of the same drawing indication, which is the part of 80 square meters in the part of 80 square meters in the same drawing indication, and the part of 10 square meters in the same drawing indication. The Defendant occupies and manages it, and the above packing road is provided for the passage of the general public and vehicles.
[Ground of recognition] Unsatisfy, entry or video of Gap evidence 1 and 3, the result of the survey and appraisal by this court, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the defendant is obligated to make a return of unjust enrichment equivalent to the rent accrued from April 20, 2016, which is the date of acquisition of the plaintiff's land ownership, on the part of the above ship, to the plaintiff, while occupying and using the part of the above ship and gaining profit equivalent to the rent and causing damage to the plaintiff, who is the owner thereof. Thus, the defendant, barring special circumstances, bears the duty to return to the plaintiff unjust enrichment equivalent to the rent that occurred from April 20, 2016, which is the date of acquisition of the plaintiff's land ownership, to the plaintiff's above packing roads, sewage and waste water, and waste and waste as well as waste and waste.
B. The original owner of the land determined as to the waiver of the Defendant’s right to use the land without compensation, waives the exclusive and exclusive right to use the land, and accordingly, the person who specifically succeeded the land through auction, sale, payment in substitutes, etc. after the residents passed the land without compensation, permits the fact that the said person bears the burden of restricting such use and profit.