1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The registration of ownership transfer was completed on February 7, 2002 in the name of the Plaintiff on the ground of inheritance by agreement and division with respect to the Guro-gu Seoul Metropolitan Government 208 square meters (hereinafter “instant land”).

B. The Defendant does construction work on the instant land, installed the waterworks and sewerage facilities, and occupies and manages them.

[Ground of recognition] The items in Gap evidence 1-1, 2, and Gap evidence 3, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff's assertion that the defendant does not have legal title to the land of this case and installed the waterworks and sewerage facilities on the land of this case, and occupies and uses them.

Therefore, barring special circumstances, the Defendant is obligated to remove road packaging and waterworks and sewerage facilities on the instant land and refund unjust enrichment equivalent to the usage fees to the Plaintiff, barring special circumstances.

B. Determination 1) In a case where a certain private land is naturally occurring or is actually used as a road designated as a site for a road and is actually used for the traffic of the general public, if the owner of the land grants the right to free traffic to the neighboring residents or the general public by providing the land as a road, or expresses his/her exclusive and exclusive right to use and benefit from the land, the purport of the entire statement in each of subparagraphs 1-1, 2, 2, 3, 1-2, 2-1, 2-2, 2-1, 2-2, 2-1, 2-1, 3-2, 2-1, 3-2, 2-1, 2-1, 3-1, 3-1, 3-1, 3-1, 3-1, 1-2, and 1-1, of the land owned by him/her.