1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. On May 28, 1990, the deceased G (hereinafter “the deceased”) owned F. F. 747 square meters of the F.M. (hereinafter “the instant road”).

B. As the inheritor of the Deceased, the Plaintiff Company A owns 6/21 shares among the roads of this case, the Plaintiff Company B shares 1/21 shares, the Plaintiff Company C shares 6/21 shares, the Plaintiff Company D shares 4/21 shares, and the Plaintiff E shares 4/21 shares until now.

C. Meanwhile, the road of this case was determined and announced as urban planning facilities (road) on June 21, 1978.

The defendant packages and occupies the road of this case at present.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 6, the purport of the whole pleadings

2. Determination on the claim for restitution of unjust enrichment

A. The plaintiffs asserted that the defendant divided He Park 5,354 without permission on September 30, 1970, which was owned by the deceased, and on the same day, the land category of the I land was changed to the road without permission and possessed and managed the road of this case divided from the I land without compensation, and thus, the plaintiffs are obligated to return the amount of the rent to the plaintiffs as unjust enrichment. The plaintiffs asserted that 10 million won, which is part of the unjust enrichment equivalent to the rent for the 10-year rental fee, and the delay damages therefrom are to be paid.

As to this, the defendant asserts that the deceased did not have a duty to return unjust enrichment to the plaintiffs, who are the inheritor of the deceased, since the deceased waived his exclusive right to use and benefit from the road by providing it as a passage to the general public.

(b)if the land is, in fact, naturally occurring or is classified into a proposed road site and actually being used as a road for public traffic, the owner of the land has provided that the land as a road and has the right to free traffic to neighboring residents or the general public, or is exclusively responsible for such land;