1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On December 28, 2012, a limited liability company E (hereinafter “E”) completed the registration of transfer of ownership on the land of 1,454 square meters (hereinafter “land prior to subdivision”) prior to the purchase and sale on December 8, 2012, the registration of transfer of the said land was completed on the grounds of the sale on December 8, 2012. The registration of transfer of ownership is completed on the land of 245 square meters adjacent to the said land, G substitute 245 square meters prior to H, 165 square meters prior to H, 155 square meters prior to I, and 159 square meters prior to JJ as well as on the four parcels of 159 square meters prior to JJ as of December 8, 2012 or on December 20, 2012.

B. On March 8, 2013, the land before subdivision was divided into 152 square meters (hereinafter “instant land”) and 1,302 square meters (hereinafter “land after subdivision”) before F, Dongdaemun-gu, Seoul Special Metropolitan City (hereinafter “instant land”).

C. On December 2, 2013, the land after subdivision became a large-scale commercial building (hereinafter “instant building”) comprised of two buildings on the land after the annexation on November 28, 2013, 245 square meters, 165 square meters prior to H, 155 square meters prior to JJ, and 159 square meters due to the annexation and the change of land category, and 2,026 square meters prior to the annexation.

E sold the instant land to the Plaintiff on March 20, 2014, and the Plaintiff completed the registration of ownership transfer on the instant land on March 21, 2014.

E. The instant land has been used for the passage of the general public prior to the Plaintiff acquiring the ownership of the instant land, and the Defendant is able to use the instant land as a road by performing the asphalt packing work.

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 through 3 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant used the land of this case as a road without any title, thereby gaining unjust enrichment equivalent to the rent of the land of this case. Thus, the plaintiff, the owner of the land of this case, is obligated to return it to the plaintiff

B. The Defendant’s assertion 1 E refers to the passage of the instant land to the general public.