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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 20, 2007, the Plaintiff completed the registration of ownership transfer on the ground of donation on July 3, 2007 with respect to the land B 122 square meters in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant land”).
B. The instant land is currently used for the passage of the general public, and the Defendant occupies and manages the instant land as a road.
[Ground of recognition] Class A: Evidence Nos. 1, 3, Eul’s Evidence Nos. 2 and the purport of the whole pleading
2. The assertion and judgment
A. According to the above facts of recognition, the defendant is obligated to pay unjust enrichment equivalent to the rent from July 20, 2007, which the plaintiff acquired ownership of the land of this case, unless there are special circumstances to the plaintiff.
The defendant asserts that since the original owner of the land of this case renounced the exclusive and exclusive right to use the land of this case, and the plaintiff who specifically succeeded to the land of this case also acquired the ownership with knowledge that such use and profit is restricted, the original owner of the land of this case cannot exercise the exclusive and exclusive right to use and profit from the land of this case.
(b) If a private land is naturally occurring or is classified into a proposed road site and actually used as a road for public traffic of the general public, if the owner of the land grants the right to free traffic to neighboring residents or the general public by providing the land as a road, or if interpreting that he/she gives the right to exclusively and exclusively use and benefit from the land, the circumstances and scale of the land owned by him/her, the details and scale of the divided sale of the remaining land, the location and nature of the land to be used as the road, the relationship with other neighboring land, and the surrounding environment, etc., as well as the remaining land partitioned and sold;