1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On December 5, 1990, the land before subdivision was divided into E, E, E, 2393 square meters (hereinafter “E before subdivision”); F, 746 square meters in Boan-si, Boan-si; on March 28, 1991, the land category of F was changed into a road; on May 18, 2005, the real estate listed in paragraph (3) of the attached Table (hereinafter “F land”) and the real estate listed in paragraph (1) of the attached Table (hereinafter “G land”) in the attached Table from the said F land.

B. On December 5, 1990, the land category was changed to a road on March 28, 1991, when the land category was changed to a road on December 28, 1991.

(hereinafter referred to as the above is the real estate listed in attached Table 2, and hereinafter referred to as “I land”).

C. On May 20, 2003, the Plaintiff completed the registration of ownership transfer on the F land, G land, and I land (hereinafter referred to as “each of the instant land”) by J on January 25, 2003.

The defendant performed the National Highway L Expansion Works on September 25, 1989 and completed the construction on July 23, 1990. Each land of this case is incorporated into the above construction site and used for general traffic after completion.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, and purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay unjust enrichment equivalent to the rent due to the possession and use of each of the lands of this case.

B. The defendant's assertion and claim for the acquisition of ownership 1 is that the defendant acquired each land of this case through consultation and paid compensation in accordance with the relevant laws and regulations, but since the relevant documents were destroyed by the lapse of the preservation period of the documents, the ownership of each land of this case in fact exists to the defendant.

However, even if the defendant acquired each of the lands of this case through consultation and paid compensation, insofar as the defendant did not complete the registration of ownership transfer concerning each of the lands of this case.