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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The fact that there is no dispute over each real estate listed in the separate sheet Nos. 1 through 5 of the separate sheet (hereinafter in case of each real estate listed in the separate sheet, collectively referred to as "each real estate of this case"; when they are individually named, it shall be indicated as "the first real estate of this case" and "the second real estate of this case", etc. according to the sequence in the above list) was registered as to the real estate of this case in the name of the plaintiff. The registration of ownership transfer of the non-party D was made as to the six real estate of this case on September 16, 198, due to inheritance by agreement and division as of March 14, 1982, and around March 15, 2005, the registration of ownership transfer was made in the name of the plaintiff B, C, each one/2 share transfer registration was made in the name of the general public on the grounds of inheritance by agreement division as of December 17, 2004, the real estate of this case is designated as the party to Sejong Special Self-Governing City.
2. The key point of the party’s assertion is the cause of the claim in this case, and the Defendant sought a return of unjust enrichment equivalent to the rent against the Defendant on the ground that the Defendant occupied each of the instant land as a road. The Defendant renounced the exclusive right to use and benefit from each of the instant real estate, and the Plaintiffs knowingly acquired it.
Since the acquisition by prescription or acquisition by prescription has been completed, the plaintiffs' claims cannot be complied with.
3. Determination
A. The form of possession of a road by the State or a local government can be divided into possession as a road management authority and possession as a de facto controlling entity. Thus, if the existing de facto road is determined by the Road Act, a road zone is determined, or a road is constructed by the implementation of an urban planning project under the Urban Planning Act, it can be recognized that the possession as a road management authority begins.