1. The plaintiff's claim of this case is dismissed.

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

1. Basic facts

A. The Plaintiff is the owner of Seoyang-dong, Seoyang-gu, Seoyang-gu, B, 159 square meters (hereinafter “instant land”).

B. The attached appraisal is currently used as a ditch created on the end of a road or on the boundary of a sidewalk and a roadway for the purpose of the drainage of a road and a side of a road.

[Ground] Evidence No. 1 of the Korea Cadastral Corporation and the result of a request for surveying and appraisal to the head of the Korea Cadastral Corporation's high branch office, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the defendant occupies and uses the land of this case as a road or waterway, so the amount equivalent to the rent from November 15, 2008 to the delivery date of the complaint of this case shall be returned to the plaintiff as unjust enrichment.

B. As seen earlier, only 71m2 out of the instant land is used as a road and a measuring bridge, and the Defendant occupies the said part of the land as a management agency only by the descriptions of Gap evidence 4-1 to 3.

It is insufficient to see that the land is in possession as a de facto controlling entity, and there is no other evidence to prove that the defendant occupies and manages the above land.

Therefore, the plaintiff's assertion that the defendant occupied and managed the land of this case is without merit.

3. The plaintiff's claim of this case is dismissed on the ground that it is without merit.