1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Judgment of the court of first instance No. 1-A

1. Basic facts

A. E, the former owner of Seongbuk-gu Seoul Metropolitan Government (hereinafter “C”) land, was divided into F or G land on June 30, 1971.

B. On November 18, 1972, land B was determined and publicly notified as an urban planning facility (road) by H publicly notified in Seoul Special Metropolitan City.

C. On August 8, 1973, J land was newly built on October 26, 1973, and on the K land, July 10, 1976.

On September 24, 1976, the category of land B was changed from “site” to “road” upon application by E.

(hereinafter referred to as “instant land”) B is not less than 168 square meters. (e)

The Plaintiff acquired the ownership of the instant land through public sale on March 25, 2014 through L and M.

F. The instant land is currently used as a road passing through the general public.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 4, Eul's evidence 1 through 7 (including branch numbers, if any; hereinafter the same shall apply), and the purport of the whole pleadings

2. The Plaintiff asserted on May 26, 2014, acquired the ownership of the instant land. Since the Defendant occupied and used the instant land as a road, the Defendant is obligated to pay to the Plaintiff unjust enrichment due to the possession and use of the instant land.

3. Determination

A. 1) Whether the State or a local government has occupied a road can be deemed as having been divided into possession as a road management authority and possession as a de facto controlling entity.

In a case where a public announcement of approval of routes and a road zone are determined for the existing de facto road, or where a road is constructed by the implementation of an urban planning project under the Urban Planning Act, the possession of the road management authority can be recognized starting from that time, and even if there is no act of constructing a road by such a road, the State or a local government shall expand the existing road, pack the existing road,