1. The plaintiff's claim is dismissed.

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

1. The fact that the Defendant occupied and used the land of Seocho-gu Seoul Metropolitan Government B, where the Plaintiff owned a co-owned share of 349/878 (hereinafter “instant land”) as a road does not conflict between the parties, or can be recognized in full view of the purport of the entire pleadings as to the entries in the items in Articles A and 4 and 5. Thus, the Defendant is liable to pay the Plaintiff the amount of unjust enrichment equivalent to the rent for the instant land, barring any special circumstance.

2. Judgment on the defendant's defense

A. The Defendant’s defense that the original owner C renounced the exclusive right to use and benefit from the land by filing an application for the change of the land of this case to a road site on his own needs and providing it to the road site. The Plaintiff acquired the land ownership with the knowledge of such circumstances. As such, the Plaintiff cannot exercise the exclusive and exclusive right to use and benefit from the land.

B. On September 24, 1973, the facts acknowledged (applicable: Gap 1 through 5, Eul 2's statement, the purport of the whole pleadings) were divided into the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government E-gu 58 square meters (192 square meters; hereinafter "the previous land of this case") from the Seocho-gu Seoul Metropolitan Government D land owned on September 24, 1973.

1. Of the “written report of change of land scheduled for replotting”, the land totaling 652 square meters of the area of eight lots indicated in the “previous land” shall be indicated in the “written report of change of land scheduled for replotting” and the attached Form;

3. It was a plan to be substituted with one parcel with a size of 469.3 square meters, such as the “design of land scheduled for replotting prior to the change.”

C on September 25, 1973, attached Form 3

2. An application for change of land scheduled for replotting shall be submitted to the competent authority (the Seoul Special Metropolitan City Mayor), and the attached Form;

1. In the report of change of land scheduled for replotting, the land totaling 652 square meters of the area of eight parcels indicated in the “previous land” shall be indicated, and the entry of “land scheduled for replotting after change” in the above report and the attached

3. The applicant filed an application for a change to divide the area into seven lots with a total size of 469.3 square meters, such as the video as “the plan for planned land substitution after the change.”