1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On October 11, 197, D on October 4, 2007, the Plaintiff completed the registration of ownership transfer in sequence on June 4, 2007.

B. Around 1976, the Defendant opened a road on the instant land and provided it as a general public and vehicle passage, and the instant land is currently being used as a road until now.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 6 (including branch numbers), Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant occupied and used the land of this case without any legal ground, thereby gaining profits equivalent to the rent, and thereby causing damages to the plaintiff. Thus, the defendant is obligated to return unjust enrichment equivalent to the rent of the land of this case to the plaintiff.

3. Determination

A. As seen earlier, the Defendant occupied and used the instant land by building a road on the instant land owned by the Plaintiff.

B. However, the following facts and circumstances, which can be recognized by the respective descriptions of the evidence Nos. 1 through 3, 5, and 6, and the purport of the entire film and pleading, are as follows: (i) the Defendant paid KRW 162,620 to C with compensation in order to acquire the ownership of the instant land belonging to the prospective access road to the EUF base in around 1976 upon delegation from Gyeonggi-do, but could not complete the registration of ownership transfer of the instant land in the name of the Defendant due to lack of registration-related documents; (ii) the instant land, which was the previous site, was transferred to the road on May 7, 197, 197, after the compensation and construction of the road, was made; and (iii) D, the former owner of the instant land, for a period exceeding 30 years from the time of transferring the ownership of the instant land to the Plaintiff on June 4, 2007.