1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 27, 1998, the Plaintiff completed the registration of ownership transfer on the ground of sale on January 24, 1998 with respect to the land of Pyeongtaek-si B, 92 square meters (hereinafter “instant land”).

B. At present, the attached appraisal of the land of this case is currently being used as a passage to the general public for the purpose of using 97 square meters in the area of a package package of Ambson (hereinafter “road of this case”) in the line with each point of the attached Table 12, 13, 14, 15, 16, 17, 18, 19, 20, 20, 21, 10, 11 and 12.

C. The Defendant performed packing construction on the road portion of the instant case, and installed water supply pipes on the ground around 2009.

[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 3-1 to 6-6, and the result of the survey and appraisal by appraiser C, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion without title is that the defendant packs for the part of the road of this case owned by the plaintiff without title and occupies and uses it by installing water supply pipes on the ground of the above ground. Thus, the defendant is obligated to return unjust enrichment equivalent to the rent due to the possession of the road of this case.

B. Since the former owner of the land of this case renounced his exclusive right to use and benefit from the road of this case, the Plaintiff, who succeeded to the land of this case, cannot claim exclusive right to benefit against the Defendant.

3. Determination

A. In interpreting that an owner of the relevant legal doctrine provides the land as a road and grants a right to free traffic to neighboring residents or the general public, or that he/she gives a right to exclusive and exclusive use of and benefit from the land, he/she has sold the land in installments, as well as various circumstances, such as the circumstance and period he/she owned or owned, the reason and scale of selling the remaining land in installments, the location and nature of the land to be used as the road, the relationship with neighboring land, and the surrounding environment.