1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Basic Facts

On January 12, 198, B, Dong-si, B, 145 square meters (hereinafter referred to as “land”) was combined with C, D, E, etc., and the B, B,240 square meters became a 4,240 square meters. On January 25, 198, F, B,282 square meters was divided into F, B, 4,240 square meters, and on February 13, 1990, G, 1,68 square meters (hereinafter referred to as “instant land”), H, 225 square meters was divided.

On October 25, 198, the Plaintiff’s father I completed the registration procedure for transfer of ownership from the J Co., Ltd. on September 20, 1988 with respect to the F 2,28/282 shares of the land, which is the land before the land was divided.

On December 1, 2017, the Plaintiff completed the registration procedure for transfer of ownership based on inheritance due to the agreement and division as of June 24, 2002 with respect to the above portion of land in this case.

The instant land is packaged for the asphalt and provided for the passage of the general public.

【In the absence of dispute, there is a duty to return unjust enrichment equivalent to the rent from February 12, 2013 to the Plaintiff, the owner of the instant land, by occupying and using the instant land owned by the Plaintiff as a road without any title, and thereby causing considerable loss to the Plaintiff. As such, the Plaintiff’s assertion of the purport of the entire argument by the parties concerned, as to the fact that there is no dispute, Gap’s evidence Nos. 1 through 4, and Eul’s evidence Nos. 6 (including each number number; hereinafter the same shall apply) is obligated to return unjust enrichment equivalent to the rent from February 12, 2013.

In the case of land category, and in the case of a road, there is a difference in each rent, and the unjust enrichment equivalent to the rent by the former shall be claimed as the primary claim, and the unjust enrichment equivalent to the rent by the latter shall be claimed as the preliminary claim.

In the process of promoting the private rental housing business in the Republic of Korea, the Defendant’s assertion was waived the exclusive right to use and benefit from the land of this case, and the Plaintiff acquired the land of this case with the knowledge of such circumstances, so the Plaintiff cannot seek a return of unjust enrichment to the Defendant.

Judgment

relevant legal principles.