1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The land was partitioned from E (hereinafter “instant land before subdivision”) on January 23, 1991 and changed to “road” on the same day. The land before subdivision in this case was owned by 13 persons including the Plaintiff, but the Plaintiff and F, on April 1, 1991, completed the registration of transfer on April 2, 1991, on the instant land.

B. Meanwhile, on January 22, 1991, 13 owners of the land before subdivision including the Plaintiff submitted an application for subdivision and an application for land category change for the housing site development of the land before subdivision and its neighboring land.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 5, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that since the defendant's incorporation of the land of this case into the road and obtained profits by occupying and using the land of this case, and caused damages to the plaintiff who is the owner, the defendant must return the unjust enrichment from such occupancy and use to the plaintiff.

Accordingly, the defendant asserts that since the plaintiff renounced his exclusive right to use and benefit from the land of this case, the defendant cannot seek a return of unjust enrichment from the possession and use of the land of this case any longer.

B. In a case where a landowner provided the land owned for the purpose of the general public, such as a road, the following are considered comprehensively: (a) details and period of possession of the land; (b) details and scale of the land owner’s provision of the land for use by the public; (c) the existence of the owner’s interests or benefits from the provision of the land; (d) the location and form of the relevant part; (e) relationship with neighboring land and surrounding environment; and (e) comparative balancing between the landowner’s ownership guarantee