1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 13, 1960, while the Plaintiff’s father B (hereinafter “the deceased”) owned 437 square meters before Seongbuk-gu Seoul, Seongbuk-gu Seoul (hereinafter “B before division”), the land before division was divided into 14 lots, such as D-E (hereinafter “after division”), and the land category was immediately changed to the site.

B. After the division, the Deceased sold the remaining land excluding F and G 136 square meters (hereinafter “instant land”).

C. After subdivision, a purchaser of the land was newly constructed on the ground, and the land in this case is in a narrow rectangular shape leading to the middle of the land after subdivision, and is used as a road for free communication between residents of the neighboring housing and neighboring residents.

On July 30, 2010, the Plaintiff completed the registration of ownership transfer in the Plaintiff’s name, which was based on inheritance by consultation and division on June 11, 1975.

E. Under the ground of the instant land, the water supply pipes and the public sewerage managers managed by Seoul Special Metropolitan City are buried.

[Reasons for Recognition] Unsatisfy, Gap 1 to 5 evidence, Eul 1 to 10 evidence (including branch numbers) and images, the result of the appraiser H’s appraisal, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion without any title is gaining profits by building a road on the land of this case and providing it for the general public's passage and installing a sewerage pipe. As a result, the plaintiff who is the owner of the land of this case causes damages to the plaintiff. Thus, the defendant is obligated to return unjust enrichment from the possession and use of the land to the plaintiff.

B. The Defendant allegedly renounced the exclusive right to use and benefit from the instant land by providing that the instant land is constructed as a road to create and sell the site by dividing the land before the division into the land before the division, thereby allowing the general public to pass.

3. Determination A.