1. The plaintiff's claim is dismissed.

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

Facts of recognition

On January 27, 1973, the network D (hereinafter referred to as “the network”) acquired ownership as to the 1684 square meters prior to the wife population E, on December 6, 1972, with respect to F Return No. 1191, on December 6, 1972, and thereafter, on June 30, 1973, the 1679 square meters prior to G and C 5 square meters (16 square meters due to the unit conversion; hereinafter referred to as “the 1st land”) of the 1679 square meters prior to G, and the 1191 square meters prior to H 1086 and B 105 square meters prior to H (the 347 square meters converted into the unit area; hereinafter referred to as “the 2nd land”).

The land No. 1 of this case is a set land adjacent to the G land indicated in the attached drawing. The land No. 2 of this case is a “B” land indicated in the same drawing.

With respect to the land Nos. 1 and 2 of this case, the plaintiff was due to a consultation division inheritance on January 10, 1997

2. 17. Each registration of ownership transfer shall be completed.

On the other hand, the defendant occupies and manages each of the lands of this case as the current status.

[Based on the facts without dispute, Gap evidence Nos. 1 through 6 (including each number in the case of additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 15 through 19, the purport of the entire pleadings, the allegations by the parties concerned, and the grounds for the plaintiff's claim, the defendant is obligated to return unjust enrichment equivalent to the rent for each land of this case from Aug. 24, 2007 to the expiration date of occupancy or the date of the plaintiff's loss of ownership, as long as the defendant did not prove legitimate title to occupy each land of this case.

The defendant's assertion as to the defendant's assertion is that each of the lands of this case is offered as a passage to the general public, and the plaintiff or the deceased has renounced their right to use and make profits, and thus the plaintiff cannot respond to the claim.

Judgment

Where any private land is transferred from the previous to the new one as a naturally occurring or planned road site and is actually used as a road for the traffic of the general public, the owner of such land shall own as a road.