1. The plaintiff's claim is dismissed.

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

1. Presumed factual basis

A. On December 29, 1953, the Plaintiff owned B, Guro-gu Seoul Metropolitan Government, a ditch of 13 square meters (hereinafter “instant land”) by inheritance from C.

B. The instant land is used as a road passing by vehicles as part of Guro-gu Seoul Metropolitan Government D.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 9, or the purport of the whole pleadings

2. The Plaintiff asserted that the Defendant possessed the instant land as a road, and sought the return of unjust enrichment therefrom.

The amount of profit is 5,310,010 won, which is the amount equivalent to the rent from March 22, 2019 to November 11 of the same year.

3. Determination

A. The form of occupation of a road by the State or a local government can be divided into possession and possession as a de facto controlling body of the road management authority. First of all, the possession as a road management authority may be recognized from the time when a public announcement of recognition of routes under the Road Act is made with respect to private land, a road zone is determined, or a road is constructed by the implementation of an urban planning project under the Urban Planning Act is implemented. In addition, even if the construction of a road is not done by the State or a local government, it shall be deemed that the road is actually under the de facto control of the State or a local government, and it shall be deemed that the road is under the de facto control of the State or a local government, and it shall be recognized that the land is in fact a controlling body.

(See Supreme Court Decision 90Da5795 delivered on March 12, 1991, and Supreme Court Decision 2005Da21517 delivered on August 25, 2005, etc.). B.

The head of Yangcheon-gu Seoul Metropolitan Government, on March 25, 2004 under the National Land Planning and Utilization Act, shall include the land of this case in accordance with the urban management plan on March 25, 2004.