The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined (to the extent of supplement in case of statements in the grounds of appeal filed by Defendants B, D, and E on the grounds of appeal).

1. It is reasonable to view that the original owner of the land has acquired the ownership of the land, even though he/she is aware of the fact that the original owner of the land provided a part of the land as a road site without compensation and waivers of the exclusive and exclusive rights to use the land, and that a person who specifically succeeded the ownership of the land through auction, sale, payment in substitutes, etc. after the residents passed the land without compensation, or that he/she acquired the ownership of the land, even though he/she was aware that there is at least such circumstance.

(See Supreme Court Decision 97Da52844 Decided May 8, 1998, and Supreme Court Decision 2012Da26411 Decided July 12, 2012, etc.). 2. The lower court acknowledged the facts based on the relevant employment evidence, and determined that G, which was the original owner of the instant road, may not be deemed to have renounced the right to exclusive use and benefit of the instant road permanently, based on the circumstances in its reasoning, rejected the Defendants’ assertion that G, who renounced the right to exclusive use and benefit of the instant road and granted the Plaintiff’s claim for restitution of unjust enrichment.

3. However, this determination by the court below is not acceptable for the following reasons.

The judgment below

According to the reasons and records, the following facts are revealed.

1) The Gangnam-gu Seoul, Seoul, which was owned by G, is 1,171 square meters (hereinafter “Before land substitution”).

(ii) The 13,071,857.9 square meters of land, such as H, to which he belongs, was incorporated into the I land readjustment project district in around 1971, and was designated as the land scheduled for replotting on October 28, 1971 as the Seoul Special Metropolitan City public notice around October 28, 1971. The designated land scheduled for replotting (the time of preparation is unclear but the land before replotting is made)