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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Possession and possession of the instant land;
A. On August 13, 1971, the Plaintiff acquired ownership on August 13, 1971 with respect to land located in Pyeongtaek-si C (Seoul Special Metropolitan City Pyeongtaek-gun, Gyeonggi-do, prior to the change of administrative jurisdiction, and the lot number is indicated only in the future), the land category of which was changed on the same day as the instant land was divided on May 30, 1979.
B. The Gyeonggi-do Pyeongtaek-gun, where the land of this case is located, was occupied and managed by the Defendant as a road for the general traffic of the general public from the time of the above division to the point of view that the land of this case was occupied and managed by providing the land of this case as a road for the general traffic of the public.
[Reasons for Recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 to the purport of the whole pleadings
2. Assertion and determination
A. According to the above facts, the defendant, by occupying and using the land of this case, obtained benefits equivalent to the rent for the land of this case without any legal grounds, and suffered significant damages to the plaintiff. Thus, the defendant is obligated to return to the plaintiff the amount equivalent to the rent from April 10, 2010, which the plaintiff sought, as unjust enrichment, unless there are special circumstances.
B. On the part of the Defendant’s argument, the Defendant asserts that the instant land is incorporated into a road according to the “G” project, which was voluntarily participated by the residents, and that the Plaintiff voluntarily renounced the exclusive and exclusive right to use and benefit from the instant land by providing the instant land as a road, and thus, it cannot seek a return of unjust enrichment. (2) In a case where a private land is naturally generated from the previous land to its original site or is actually used as a road site, the land owner himself/herself provides the said land as a road.