1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 28, 1992, the Plaintiff completed the registration of ownership transfer with respect to 60 square meters ( approximately 33 meters in length, approximately 1.8 meters in width, and hereinafter “Plaintiff-owned land”) of Geumcheon-gu, Seoul Special Metropolitan City.

B. In preparing for the World Cup World Cup games in 2002, the Defendant laid sewage pipes under the immediately below the land surface of approximately 30 square meters ( approximately 33 meters in length, approximately 0.9 meters in width, hereinafter “instant land”), among the land owned by the Plaintiff, (round 33 meters in length and approximately 0.2-0.3 meters in width, are exposed to the ground surface), and relocated them on January 13, 2015 at the Plaintiff’s request.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant, which caused the Plaintiff’s claim, without the Plaintiff’s consent, laid underground sewage pipes on the instant land without permission and benefiting from the occupation and use thereof. As such, the Defendant is obligated to pay to the Plaintiff KRW 3,362,520 as the return of unjust enrichment equivalent to the rent between March 17, 2010 and January 12, 2015.

B. The defendant's assertion that he had installed sewage pipes in ditches that had been naturally occurring for the purpose of promoting aesthetic view while preparing the World Cup Korea and Japan in 2002. Thus, it cannot be deemed that the defendant occupied the land in this case without permission and obtained unjust profits by excluding the plaintiff's occupation. Thus, the plaintiff's claim is unjust.

3. In full view of the aforementioned evidence and the overall purport of the film and pleading of Eul evidence as well as Eul evidence Nos. 1 through 9 (including paper numbers), the shape of the land owned by the plaintiff itself is about 33 meters in length and about 1.8 meters in width, and has increased and long ditches, and the land owned by the plaintiff is in the shape of a ditch so increased and long, depending on the road in the same form as the surrounding land. The land owned by the plaintiff was also in the shape of a ditch. The land around the surrounding area was also laid under sewage management, and the upper part of the sewage pipe ( around 33 meters in length and about 0.2 through 0.3 meters in width).