1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. The fact that the Plaintiffs’ basic facts are being used as roads passing through the general public with ownership by shares in the attached list in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul Metropolitan Government 21 square meters (the first land), Lbubing 38 square meters (the second land), and M road 912 square meters (the third land) is not a dispute between the parties.

2. The parties' assertion

A. The Plaintiffs asserted that the Defendant occupied each of the instant land owned by the Plaintiffs as a road without any title and offered it for the general public’s passage. The Plaintiffs sought payment of each money indicated in the separate sheet corresponding to the rent from June 2, 2011, the extinctive prescription period, to the present day, due to the return of unjust enrichment against the Defendant.

B. As to this, the Defendant asserted that, in the process of dividing the land category into several parcels of land including the instant land by the decedent N or the Plaintiffs, the Defendant renounced the exclusive right to use and benefit from the instant land as a road for one’s own interest, and thus, there was no obligation to return unjust enrichment.

3. Determination

A. In a case where a private land is naturally occurring or is classified into a proposed road site and actually used as a road for the traffic of the general public, if the owner of the land grants a neighboring resident or the general public the right to free access to the land by providing the land as a road, or if interpreting that he/she gives a exclusive and exclusive right to use and benefit from the land, it shall be determined by comprehensively taking into account all the circumstances such as the circumstance and period he/she owns the land, the situation and scale of the divided sale of the remaining land, the location and nature of the land to be used as the road, the relationship with the neighboring land, the surrounding environment, etc., and the degree of contribution to the land in question for the effective use and benefit of the remaining land partitioned and sold.