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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 July 13, 1963, the Plaintiff is the owner who completed the registration of ownership transfer with respect to D 252 square meters of land (hereinafter “1 land”) and E prior 152 square meters of land (hereinafter “2 land”) in Yeonsu-gu Incheon Metropolitan City.
B. The land of this case is adjacent to the land of Yeonsu-gu Incheon, F, G, H, I, and J, K, L, and the land of this case, and the land of this case. The above K and L roads are linked to M roads, which are six-lane roads.
In addition, the land No. 2 of this case is adjacent to I, H and J roads, the land No. 1 of this case and N roads.
C. On the ground of the instant land Nos. 1 and 2, without any special boundary between the said J-road and the said J-road, the appraisal is used as a passage of neighboring residents in the state where part of the asphalt has been packed, such as the indication of the attached appraisal.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 1, and Eul evidence 1 and 2, the result of the on-site inspection by this court, the result of this court's request for surveying and appraisal by the Incheon Vice Governor of the Korea Land Information Corporation, the purport of the whole pleadings
2. The Plaintiff’s assertion does not follow the Plaintiff’s consent or procedures under the Road Planning Act, and without paying reasonable compensation to the Plaintiff, the Defendant occupies and uses the instant land Nos. 1 and 2 by packaging asphalt on the ground of 214 square meters of the instant land and 88 square meters of the instant land among the instant land No. 2, and by building a road and providing it to the general public for passage. The Plaintiff is obligated to pay the Plaintiff the Plaintiff the amount of unjust enrichment equivalent to the rent of the total amount of KRW 18,81,264 (i.e., KRW 15,439,80 of the instant land No. 2, KRW 13,441,380 of the instant land and KRW 280 of the instant land) from October 1, 2018 to September 30, 2018; and (ii) KRW 2081,2685 of the instant land expropriation or loss of ownership from October 1, 2018 to 208.
3. Determination.