1. The plaintiff's claim is dismissed.

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

1. On the premise facts, Kimhae-si, the former 601 leveled to C on September 15, 1912, and the classification of G was changed to the road on December 26, 1916, to D on June 23, 1917, after each transfer of ownership to E on November 23, 1921, the former 33: (i) 33; (ii) 157 leveled to 386 leveled to 35 leveled to 386 leveled to 35 leveled to 192; and (iii) 25 leveled to 196 leveled to 25 leveled to 198.

(hereinafter “instant land”). The instant land was transferred to the Plaintiff on the grounds of the ownership transfer registration on June 20, 1997 due to the family inheritance as of January 20, 1949, and on the same day on September 22, 2011, the Plaintiff’s ownership transfer registration was completed in the future.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 (including virtual number), the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff is unjust enrichment while occupying and using the instant land without any title while running the road expansion project. Therefore, the Plaintiff sought unjust enrichment equivalent to the rent.

In this regard, the defendant asserts that the plaintiff renounced his exclusive right to use and benefit from the land of this case, or that the land of this case was donated or properly compensated at the time of incorporation into the road, and that even if not, the defendant acquired the land of this case by prescription.

3. In a case where a reason for waiver of the Plaintiff’s exclusive right to use or benefit from a road is naturally occurring from the previous date or is incorporated into a proposed road site and actually used as a road for public use by the general public, in interpreting that the owner of the land has granted the right to access without compensation to the neighboring residents or the general public by providing the land as a road, or has waived his exclusive and exclusive right to use or benefit from the land, the reasons why he owned the land, the period of sale by dividing and selling the remaining land, the location and nature of the land to be used as the road, and the relationship with other neighboring land;