1. Revocation of a judgment of the first instance;

The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 7, 2008, the Plaintiff was awarded a successful bid of 133 square meters and D road 139 square meters (hereinafter “instant land”) owned by Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and paid the successful bid price in full at that time, and completed the registration of ownership transfer on the instant land on July 9, 2008.

B. The instant land has been used as a passage for farming roads and neighboring residents from around 1970 to around 1970 in the state of concrete packaging.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 3 (including branch numbers for those with serial numbers) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion of the parties sought the return of unjust enrichment equivalent to the rent of land against the Defendant on the ground that the Defendant occupied and used the land of this case owned by himself as a road. Accordingly, the Defendant renounced the exclusive right to use and benefit from the land of this case by B, the owner of the land of this case, and the Plaintiff who specifically succeeded to the land of this case, consented to the circumstance that the use and benefit from the land of this case is limited, or at least acquired the ownership with knowledge of such circumstance, the Plaintiff cannot exercise the exclusive right to use and benefit from

Therefore, the plaintiff's claim of this case cannot be complied with.

B. The original owner of the land to be determined waives the exclusive and exclusive right to use and benefit from the land by providing a part of the land to a road site without compensation, and accordingly, the land ownership is owned by a person who specifically succeeds the ownership of the land through auction, sale, payment in substitutes, etc. after the residents passed the land without compensation.