1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Yongsan-gu Seoul Metropolitan Government Land (hereinafter referred to as the “Si, Gu, Dong, and lot numbers”) was owned by the Plaintiff’s father D before the division, and was divided into C and E through F on July 31, 1974.

B. On August 3, 1974, B large 292.6 square meters (hereinafter “instant land”) was divided from G site, and H et al. was combined into C, and C was further divided into C and I on the same day.

C. D A. On December 14, 1974, the Plaintiff, a South-Namnam, died, completed the registration of ownership transfer on the ground of property inheritance on December 23, 1975 with respect to 3/11 of the instant land.

The land of this case had already been provided for the passage of the general public at the time of the Plaintiff’s acquisition of ownership, and the Defendant actually managed the land of this case by packaging the road.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-1 to 3, Gap evidence 7, Eul evidence 1 to 7, the purport of the whole pleadings

2. Assertion and determination

(a) If the State or a local government, which judged the cause of the claim, actually executes road renovation or maintenance and repair works, such as expansion of existing roads, road packages, or installation of sewerage, and thus uses them for the traffic of the general public, such roads shall be deemed de facto under the control of the State or a local government, and possession as the controlling entity may be recognized from this time

(see, e.g., Supreme Court Decision 92Da34155, Feb. 23, 1993). According to the above facts of recognition, the defendant occupies the road of this case as the de facto controller.

Therefore, the defendant is obligated to return unjust enrichment equivalent to the rent corresponding to the plaintiff's share out of the land of this case to the plaintiff, barring special circumstances.

B. As the Plaintiff’s father D waives his exclusive right to use and benefit from the instant land, the Plaintiff, a general successor, has waived his right to use and benefit from the Defendant’s defense.