1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 11, 1982, the network C acquired the ownership of 67 square meters of the land B-ro, Do, Busan (hereinafter “instant land”). As the network C died on December 5, 201, the Plaintiff, a child, inherited the said land.

B. The defendant opened and possessed the road on the land of this case.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant occupies and manages the land of this case, which is owned by the plaintiff, as a road without any legal ground. Thus, the defendant is obligated to return unjust enrichment equivalent to the rent for the possession and management of the land of this case to the plaintiff, barring any special circumstances

3. Judgment on the defendant's assertion

A. The Defendant’s assertion that the former owner of the instant land gave up the exclusive and exclusive right to use and benefit from the said land, and provided the said land as a road for the general public to free access. The Plaintiff, the heir of the network C who purchased the instant land, which is subject to the limitation of use and benefit, cannot seek a return of unjust enrichment against the Defendant.

B. In a case where a private land is naturally occurring or is classified into a proposed road site and actually used as a road for the public traffic of the general public, if the owner of the land grants the right to free traffic to neighboring residents or the general public by providing the land as a road or gives up exclusive and exclusive rights to use the land, the construction of the land is to be made by him/her to interpret that he/she grants the right to exclusively use and benefit from the land, the circumstances and the holding period that he/she owns the land, the details and scale of the divided sale of the remaining land, the location and nature of the land to be used as the road, relations with other neighboring land, surrounding environment, etc., as well as the remaining land partitioned and sold.