1. All of the plaintiff's claims are dismissed.

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

1. The following facts are acknowledged as having no dispute between the parties or as having comprehensively taken account of the overall purport of the pleadings in each entry in Gap evidence 1, 4, 11, and Eul evidence 2:

A. On February 24, 1998, a cadastral engineer C of the Korea Cadastral Corporation and the branch office of the Korea Cadastral Corporation in order to divide the road planning line into a cadastral record and registered a boundary in the cadastral record. At the time, C, based on the surrounding base boundary point, was based on the relationship with no topographic point in the neighboring area, and was surveyed by the method of the current status survey.

B. On December 2, 2008, the Plaintiff acquired ownership of B, 93 square meters, the land category of which was changed, at the time of netcheon-si where the land category was changed (hereinafter “instant land”).

C. Meanwhile, the Defendant is the owner of the land in contact with the instant land and of the 66m2,00 square meters (hereinafter “instant road”) before E, 1,000 square meters used as the road.

2. The assertion and judgment

A. The Plaintiff asserted that the instant road was also constructed in the course of the construction work in 2004. Since the boundary restoration surveying for the construction of the road was erroneous, part of the delivery part of the instant land owned by the Plaintiff was removed from the delivery part of the instant land, and the Defendant delivered the said part of the said land to the Plaintiff, and the Defendant, without a legitimate title for five (5) years from January 1, 2010, is obligated to return as unjust enrichment the amount equivalent to the rent accrued from the possession and use of a part of the instant land as the road without a legitimate title.

(b) A boundary restoration survey conducted to restore a boundary in the cadastral map as a matter of whether the boundary is per se or not shall be conducted in the same way as the survey conducted at the time of registration, so the survey method at the time of first registration shall be followed, second, based on the reference point at the time of survey, and registration shall be made.