1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A Management Group Co., Ltd. (hereinafter “MM Group”) completed the registration of transfer of ownership on the ground of “sale on January 7, 2003” with respect to the land of 2,153.1 square meter (hereinafter “land before division”) in Suwon-si, Suwon-si.

B. On January 7, 2003, the registration of ownership transfer was completed on the land before the division due to the trust in the name of the Korea Land Trust Co., Ltd., and on December 2, 2005, the registration of ownership transfer was completed on the ground of the reversion of the trust property in the name of MM group.

On the other hand, on December 2, 2005, the instant land was divided from the land before the subdivision.

C. On September 3, 2013, the Plaintiff completed the registration of ownership transfer on the instant land based on public sale.

[Grounds for Recognition] Unsatisfy, entry of Gap 1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion without any title that the defendant opened a road on the instant land and provided it for the general public to gain profits. Accordingly, the plaintiff who acquired the ownership of the instant land on September 3, 2013 suffered losses from the plaintiff. Thus, the defendant is obligated to return unjust enrichment from the possession and use of the land to the plaintiff.

B. MM group, the former owner of the instant land, filed an application with the Defendant for a construction permit to construct a D building on the land before subdivision (hereinafter “instant building”). The Defendant permitted the construction of the instant building on the condition that a road was constructed and donated on the instant land out of the land before subdivision.

Since the IM Group promised to build the instant building, build the road on the instant land, provide it free of charge for the passage of the general public, and contribute to donation, it given up the exclusive and exclusive right to use the instant land, and accordingly, the Plaintiff acquired the instant land from the IM Group by public sale is also the Defendant.