1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 24, 2014, the Plaintiff purchased “Seoul-si B Road 325m2” (hereinafter “instant land”) at the auction procedure and completed the registration of ownership transfer in the name of the Plaintiff on October 27, 2014.

B. Since before the Plaintiff acquired ownership, the instant land was used for a vehicle passage and parking lot for neighboring residents, etc., and the Defendant manages the instant land through packaging construction, installation of parking zones, etc.

[Ground of recognition] Facts without dispute, Gap 1-3 evidence (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant shall return to the plaintiff unjust enrichment equivalent to the rent for the possession and use of the land of this case, barring special circumstances.

B. As to this, the defendant shall raise a defense of waiver of the exclusive occupation and use right or of granting the right of free use.

In full view of the purport of the entire pleadings and arguments in Eul evidence Nos. 1 through 8 (including a land number), C, the former owner of the land of this case, owns "B,132m2" (hereinafter "the land before the division of this case") around 1989, which is divided into several lots of land including the land in this case, and the land in this case was provided as a passage through which residents can use the adjacent road, and the land category was changed to "the land category" with "after the completion of alteration of form and quality according to the housing site creation project, it was agreed to contribute the land of this case to the defendant, and after the completion of a series of projects including alteration of form and quality, etc., the land of this case is used as a passage of neighboring residents without any alteration of form and quality, and thereafter, at the auction procedure where the plaintiff purchased the land of this case, it can be recognized that the information of this case was provided.