1. The part concerning the claim for compensation of losses in the instant lawsuit is dismissed.

2. The plaintiff (appointed party).

1. Basic facts

A. On November 20, 1972, Jinjin Co., Ltd. (formerly changed: Co., Ltd.; hereinafter “Jinjin”) completed the registration of initial ownership on the land of 11,175.9 square meters of Jung-gu Incheon Metropolitan City (hereinafter “former land before division”).

B. D completed the registration of ownership transfer with respect to the land divided on September 18, 2003, Jung-gu Incheon Metropolitan City C miscellaneous land 6,897 square meters (hereinafter “instant land”).

C. On June 10, 2008, the Plaintiff completed the registration of transfer of ownership on June 10, 2008 with respect to the portion of 3,731.59/6,89/8 of the instant land on June 10, 2008, on June 10, 2008, with respect to the portion of 650/6,897.8/650 of the instant land on June 10, 2008.

The land of this case is currently used as a road used for the passage of neighboring residents or the general public.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 8-4, 5, Eul evidence 6 and 7, the purport of the whole pleadings

2. As to the claim for restitution of unjust enrichment

A. The plaintiff's assertion that the plaintiff's land of this case is occupied and used as a road without any legal ground. Thus, the plaintiff and the selected party B are obligated to pay unjust enrichment amounting to KRW 85,002,00 and delay damages.

B. (1) Determinations is based on the following: (a) if a private land is naturally created or is actually used as a road as a planned road site for public traffic; and (b) if the owner of the land voluntarily provides the land as a road and grants the right to free traffic to neighboring residents or the general public or waives the exclusive and exclusive right to use and benefit from the land, the circumstance or holding period he owns the land; (c) details and scale of the divided sale of the remaining land; (d) the location or nature of the land to be used as the road; and (e) relations with other neighboring land.