1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On September 24, 2010, the Plaintiff completed the registration of transfer of ownership on the instant land based on inheritance due to a division held on August 8, 1999.

B. The instant land located within the jurisdiction of the Defendant, a local government, is offered to the general public including neighboring residents from the past to the present.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, 5, 10, 6 through 8, the purport of the whole pleadings and arguments

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Defendant, as the “de facto road” owned by the Plaintiff, occupies the instant land without any legal cause by offering it for public passage. The Defendant is obligated to pay to the Plaintiff an amount equivalent to the Plaintiff’s unjust enrichment from January 25, 2016 to the date of loss of ownership of the instant land or the date of termination of the Defendant’s occupation. 2) The Defendant’s assertion that the instant land was opened as a road and owned and managed, and thus, cannot comply with the Plaintiff’s claim.

B. As seen earlier, we examine whether the Plaintiff owned the instant land during the period from January 25, 2016 to the date, and further examine whether the Defendant occupied the instant land during the said period.

The form of occupation of a road by the State or a local government can be divided into occupation as a road management authority and occupation as a de facto controller. Thus, if the existing road is determined by the Road Act, or a road zone is constructed by the implementation of an urban planning project under the Urban Planning Act, it can be recognized that the occupation as a road management authority commences starting from that time. Even if a road is not established by the Road Act, the State or a local government is practically expanding the existing road, packaging the road, or sewerage system.