1. All the claims of the plaintiff (appointed party) and the plaintiff are dismissed.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

1. Basic facts

A. On September 198, 198, the land category No. 1 was changed from “B” to “Road,” according to the owner’s application for land category change on August 13, 1991.

B. On December 5, 2006, Plaintiff A completed the registration of ownership transfer on the land of this case on October 27, 2006 due to a compulsory auction on October 27, 2006, and Plaintiff B completed the registration of ownership transfer on April 17, 2007 as to the portion of 72.7/253 out of the land of this case on April 10, 2007.

C. Around June 15, 1978, the land category No. 2 was changed from the “B” to the “road” upon the owner’s application for land category change, as the land was divided from G 345 square meters (hereinafter “instant mother’s land”) prior to G 345 square meters (hereinafter “instant mother’s land”).

Plaintiff

A on December 5, 2006, with respect to the land of this case No. 2, on October 27, 2006, completed the registration of ownership transfer due to a compulsory auction on October 27, 2006, and completed the registration of ownership transfer on February 9, 2007 with respect to each of the 80/242 shares of the land of this case among the land No. 2 of this case on January 24, 2007.

E. The land Nos. 1 and 2 of the instant case (hereinafter collectively referred to as “each of the instant lands”) is used as a passage of the general public after the land category was changed to “road.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the plaintiffs' assertion argues that since the defendant without any title occupies and uses each of the lands of this case without permission and takes unjust enrichment equivalent to land usage fees, the defendant is liable to return unjust enrichment and delayed payment damages to the plaintiffs.

B. Determination of whether the Defendant occupies a road or the form in which the State or a local government occupies a road is the possession of the road management authority as the de facto controlling entity.