1. The plaintiff's claim is dismissed.

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

1. Facts of premise;

A. The land, which was owned by C, was divided into eight lots, including B or F land from October 10, 1972, and sold to a third party. Of which the land B, the land of this case was divided into the land of this case and G land on April 17, 1996.

B. On October 7, 1996, the above G land was acquired through consultation by Seoul Special Metropolitan City, and the land category was changed thereafter, and the land category of this case was combined with H, which is a road. The land of this case is used as a concrete road by packaging the land in the shape of “a” located in a house, such as the cadastral map in the attached Form.

C. The Plaintiff was a co-owner on the registry of the instant land with I Co., Ltd., and became a sole owner by completing the registration of ownership transfer in the Plaintiff’s future due to the termination of title trust with respect to the co-ownership of the said company on July 1, 1992.

[Recognition] Facts without dispute, Gap 1-3, 5 evidence (including more than one number), Eul 1 and 2 evidence (including more than one number), Gap 7-1 photograph, the purport of the whole pleadings and arguments

2. The Plaintiff asserts that the Defendant sought restitution of unjust enrichment equivalent to the rent since the Plaintiff occupied and used the said land by building a road on the instant land and providing it to the general public for the purpose of passage. The Defendant asserts that, in the first place, the Plaintiff could not respond to the Plaintiff’s claim since the Plaintiff renounced the exclusive right to use and benefit from the said land.

Whether the Defendant opened a road on the instant land and offered it to the public for traffic, or each image of Gap evidence Nos. 6 or Gap evidence Nos. 7 (including paper numbers) is insufficient to recognize it. The Plaintiff’s assertion premised on the Defendant’s occupancy use is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.