1. The plaintiff's appeal against the defendants is dismissed.

2. The plaintiff extended by this court against the defendants.

1. Basic facts

A. On March 5, 1982, the land before subdivision was divided into the Icheon-si I 556.7 square meters (hereinafter “the land before subdivision”) and the J 170.4 square meters (hereinafter “J land after subdivision”) and H 32.3 square meters (hereinafter “the instant land”).

B. On March 5, 1982, the land category on the land cadastre was changed to “road”; on January 6, 201, the registration of land category change was completed as “road” on the Real Estate Registration Injury.

C. The instant land is connected to K land (hereinafter “K land”), one land after subdivision, and J land after subdivision, as indicated in the attached drawing, and the instant land is used as an access road for the above neighboring land and the building on the ground.

The Plaintiff purchased the instant land in the public sale procedure on April 16, 2003 and completed the registration of ownership transfer.

E. Defendant B is the owner of J land and buildings on its ground after division, and Defendant C is the owner of K and buildings on its ground, and Defendant D, E, F, and G are the co-owners of the land and co-owners of the aggregate building on its ground (multi-household housing) after division.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 3 and 7, the purport of the whole pleadings

2. The parties' assertion

A. The Defendants asserted that the instant land was used as a passage to the adjacent land owned by the Defendants. As such, the Plaintiff, the owner of the instant land, is obligated to pay to the Plaintiff KRW 1,65,643 each of the unlawful gains from March 1, 2010 to January 24, 2019 and KRW 185,643 each year from the next day to the day on which the Plaintiff’s land ownership is lost.

B. Since around 1982, L, the former owner of the instant land, which was the Defendant’s assertion, renounced exclusive rights to use and benefit from the instant land by providing the instant land as a contribution for the neighboring land.

The plaintiff permits such restrictions on use and profit-making, and the land ownership of this case in the public sale procedure.