1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The vice head of Dong-gu, Dong-gu, Dong-gu, Seoul and Saemaul leaders operated a project to expand village paths by obtaining permission for use from about 15 landowners in the 1970s, as part of the Saemaul Project.

B. The Plaintiff’s father D owned the land of Dong-gu, Dong-gu, Chungcheongnam-si, and was divided into the land category of B on April 25, 1973 (hereinafter “instant land”). The instant land began to be used as a road according to the village development project since around that time.

C. Around 1988, concrete packaging construction was performed on the roads in the village development zone, and thereafter, it was conducted after the dateless Ampcom construction was conducted, and the defendant recognized and announced the above roads as part of the City/Do No. 1 Line on August 1, 1994.

On September 12, 2012, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on the ground of inheritance by agreement division with respect to the instant land.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 3, 5, Eul Nos. 1, 7, and 8, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the party's assertion argues that the plaintiff sought a return of unjust enrichment equivalent to the rent on the ground that the defendant occupies the land of this case as a road without title, and that the defendant cannot respond to the plaintiff's claim since D renounced its exclusive right to use and benefit.

(b)in the event that a private land is naturally occurring or is classified into a proposed road site and actually used as a road for the traffic of the general public, if the owner of the land grants the right to free access to the land to neighboring residents or the general public by providing it as a road, or gives up exclusive and exclusive rights to use the land, the reasons why the land becomes owned by him/her, or the remainder of the period during which the land is owned.