1. The claims of the plaintiff (appointed party) and the selector are dismissed, respectively.

2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).

Basic Facts

The following facts may be recognized in full view of the purport of the entire pleadings and arguments in the absence of dispute between the parties concerned, or in the statements or videos of Gap 1 through 3, Eul 1 through 3, 6, and 7.

On March 19, 1963, the land of this case 129 square meters (hereinafter “instant land”) was transferred to the Plaintiff (Appointed Party) on March 19, 1963, and the registration of transfer of ownership was completed on March 16, 2012.

B With respect to the land adjacent to the instant land on February 10, 1987, the said land is owned by each of the above land after completing the registration of ownership transfer on the said I factory site 2140 square meters on June 14, 1999. Defendant C, the wife of B, constructed a factory building on the said I factory site on May 10, 200, and thereafter owned the said building from that time. B and Defendant C used the instant land as a passage to enter the land owned by them and the factory building.

On the other hand, B died on September 19, 2016, and as bereaved family members, Defendant C and children, the wife, Defendant D, E, and F.

2. The plaintiff (appointed party)'s assertion and judgment

A. The Plaintiff (Appointed Party) asserts that the Plaintiff (Appointed Party) should pay to the Plaintiff (Appointed Party) unjust enrichment equivalent to the rent due to unauthorized use from October 1, 2005 to March 15, 2012, and each unjust enrichment equivalent to the rent due to unauthorized use from March 16, 2012 to May 31, 2016, since Defendant C used the instant land as a passage without legal title.

B. Comprehensively taking account of the overall purport of the arguments and arguments as a result of the fact-finding on the evidence Nos. 10 and 12 of this Court, the land of this case was changed to a road on Nov. 10, 1998 upon the Plaintiff’s request, and the land category of this case was changed to a road on Nov. 10, 1998, from Kimhae-si to 2003, and from Sep. 2009, the sewage pipes were laid underground and maintained in non-legal form, and at least after 2005.