1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasons for the court’s explanation concerning this case are as follows, except that the part of “3. Defense Judgment” from 2 to 6. 4 under 4 under 4 of the judgment of the court of first instance is as stated in the reasons for the judgment of the court of first instance. Thus, this part shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

3. Judgment on the defendant's defense

A. The Defendant asserts 1) The former owner of the instant land, F, G (hereinafter “F, etc.”)

(2) Since the Plaintiff, who acquired the claim for return of unjust enrichment on the instant land, has waived the exclusive right to use and benefit from the instant land, the Plaintiff asserted that the Plaintiff cannot file a claim for return of unjust enrichment equivalent to the rent with the Defendant. Accordingly, the Plaintiff, F, etc. did not have received an application for change of land classification as to the instant land or an application for approval of a project plan with respect to the land scheduled for the instant land, and purchased the previous land without knowing that the instant land was designated and publicly notified as a prospective road site. The instant land is not a private development, such as F, but a road is designated as a road by the unilateral decision of Seoul Special Metropolitan City during the process of the land readjustment and rearrangement project, which is a public figure of Seoul Special Metropolitan City, and F, etc. was paid local taxes on the instant land. Therefore, it cannot be said

(b) the determination is based on the interpretation that the owner of a parcel of land grants the right to free traffic to neighboring residents or the general public by providing that parcel of land as a road, if it is naturally occurring or is actually used as a road intended for public traffic, or that it waives the exclusive and exclusive right to use the parcel of land.