1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 13, 1975, the Plaintiff completed the registration of ownership transfer based on inheritance on February 3, 1967, with respect to the 6/27 shares of each real estate listed in the separate sheet (hereinafter “instant land”). On March 21, 1975, the Plaintiff completed the registration of ownership transfer based on the sale on March 5, 1975, with respect to the remaining 21/27 shares of the above land.

B. The land of this case was partitioned on December 5, 1972 and June 12, 1973, and its category was changed to a road.

C. At present, the instant land is commonly used for the general public’s traffic in a state where the asphalt package is packed.

【Ground of recognition】 The fact that there has been no dispute, entry and video of Gap's Nos. 1, 2, 5 through 8, 11, 12, Eul's Nos. 1 and 2 (including branch numbers), and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the plaintiff is obligated to return unjust enrichment equivalent to the rent from July 3, 2010 to the first day of the expiration of possession of the defendant's land or the date of loss of the plaintiff's ownership, whichever is earlier, since the defendant provided a road on the land of this case and provided it to the general public for possession and use, thereby gaining property profits equivalent to the rent, and thereby resulting in property damage equivalent to the same amount. Thus, the defendant asserts that the defendant is not obligated to return unjust enrichment to the plaintiff from July 3, 2010 to the first day of the expiration of possession of the defendant's land or the date of loss of the plaintiff's ownership. 2) As to this, the defendant does not have any possession and possession of the road of this case, and even if the defendant occupies it, the plaintiff cannot respond to the plaintiff

(b) Roads, such as expansion, road packaging, or installation of sewerage system, etc. by the State or a local government, even though no act of constructing a road has occurred under the Road Act, etc.;