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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiffs received a successful bid in the process of compulsory auction and completed the registration of ownership transfer on February 4, 2015, respectively.
B. On September 9, 1978, the instant land was publicly notified of the urban planning decision in accordance with D(E) notification of the Standingnam-do on September 9, 1978, but the project has not been implemented until now.
C. The instant land is a asphalt package, there are two utility poles, two water pipes, sewerage pipes, and excellent manle, and is used as the only passage of the adjacent 11 buildings.
[Ground of recognition] Each entry, film, and whole pleading of Gap evidence Nos. 1, 2, 8, 9, 10 (including paper numbers), Eul evidence Nos. 2 and 4 (including paper numbers)
2. The parties' assertion
A. The Defendant asserted that the Plaintiff occupied the instant land without permission, installed the instant facilities on the ground, and used it as a road until now.
Therefore, the Defendant should remove the instant facilities and deliver the instant land to the Plaintiffs, who are the owners, and return unjust enrichment equivalent to the rent for occupying and using the instant land.
B. The Defendant’s assertion is not the managing authority of the instant land, but does not actually occupy and manage the instant land.
Even if the Defendant occupied and managed the instant land, the said land is used as the only passage of nearby residents; the Plaintiffs had been well aware of the current status of the instant land at the time of acquiring the instant land by auction; and the Plaintiff had been using the instant land as a passage before installing an outstanding Manlele, etc., the Plaintiffs cannot be deemed to have waived the right to exclusive use of and benefit from the instant land as to the instant facilities, and have caused any damage to the Plaintiffs.
3. Determination
(a) Forms in which the State or local governments occupy roads shall be: