1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 18, 1972, the instant land was determined and announced as an urban planning facility (road) by the Seoul Special Metropolitan City public notice C on November 18, 1972.

B. Around September 3, 1976, the Plaintiff purchased the instant land from D and subsequently held title trust in the future, and thereafter filed a lawsuit against F, G, H, I, and J, the heir of E, seeking the implementation of the procedure for ownership transfer registration under the Seoul Central District Court Decision 2009Da352873, Nov. 4, 2009, the conciliation was concluded that “the heir of the above E,” on November 4, 2009, “the heir of the instant land, shall implement the procedure for ownership transfer registration on the ground of unjust enrichment return with respect to each inheritance share in the instant land.”

C. Accordingly, the Plaintiff completed the registration of ownership transfer on the instant land on November 27, 2009.

The land of this case is currently used as a passage to the general public.

[Reasons for Recognition] Unsatisfy Facts, entries and images of Gap evidence Nos. 1, 2, 6 through 11, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the Plaintiff is obligated to return the amount equivalent to the rent of the instant land as unjust enrichment to the Plaintiff, the owner of the instant land, since the Defendant occupied and used the instant land without permission on the road. 2) The Defendant did not occupy the instant land, but occupied the instant land by the Defendant for household affairs.

Even if D, the original owner of the instant land, renounced the exclusive and exclusive right to use the instant land, and the Plaintiff, as well as the specific successor to the instant land, has acquired ownership with knowledge of such circumstances, he/she did not exercise the exclusive and exclusive right to use the instant land, and thus, cannot comply with the Plaintiff’s claim.

B. Determination of the first defendant's occupation is the form in which the State or local government occupies roads.