The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. On February 12, 1976, the Plaintiff’s attached (hereinafter “the deceased”) filed an application for the change of land substitution (division) with the content of dividing the land E (hereinafter “land before division”) owned by himself/herself into the land outside 499.2 square meters of the Seoul Jung-gu Road B (hereinafter “instant land”) and 13 lots (hereinafter “instant application”).

B. At the time of the instant application, the Deceased expressed his intent to provide the instant land as “road” for the use of each land partitioned from the land before partitioning, and around March 197, the land was provided as a road passing through the general public from the time of the determination of replotting for the land before partitioning until now.

C. The land of 13 lots, which was partitioned from the land prior to the subdivision, is abutting on the instant land, and the structure that uses the instant land as a road is taking place.

On October 14, 1976, the Plaintiff completed the registration of ownership transfer on September 13, 2005 on the land of this case by reason of inheritance by agreement division as of October 14, 1976.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4 (including branch numbers for those with serial numbers) and the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that the Defendant sought the return of unjust enrichment since the Defendant occupied and used the instant land owned by the Plaintiff as a road.

B. We affirm the situation that the original owner of the land grants the right to exclusive and exclusive use of the land without compensation to the original owner of the land, and accordingly the residents have given up the right to use the land without compensation and subsequently, a specific successor by auction, sale, payment in substitutes, etc. of the ownership of the land is likely to bear the burden of restricting such use or profit-making.