1. The plaintiff's claim is dismissed.

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

1. Facts without dispute;

A. The Plaintiff owns a share of 297.5/595 square meters in the 595 square meters in Hanam-si (hereinafter “instant land”).

B. The Defendant opened a road on the instant land and occupied and managed it by providing it to the general public.

2. The Plaintiff’s determination on the Plaintiff’s claim asserts that the Defendant gains from the use of and profit from the instant land owned by the Plaintiff’s share without permission, and sought a return of unjust enrichment equivalent to the rent to the Defendant.

On the other hand, the defendant asserts that since C, the former owner of the land of this case, provided the road site without compensation and gave up the exclusive right to use and benefit, it cannot respond to the plaintiff's claim

However, even if the defendant's liability to return unjust enrichment is recognized as alleged by the plaintiff, in order to accept the plaintiff's claim, the plaintiff must prove the specific amount of unjust enrichment.

However, the Plaintiff did not comply with the procedure after filing an application for the appraisal of the fee, and the adoption of evidence was revoked on the fourth date for pleading, and otherwise, did not admit any assertion about the amount of unjust enrichment.

Therefore, it is difficult to accept the Plaintiff’s claim without examining it.

3. The plaintiff's claim is dismissed. It is so decided as per Disposition.