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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 6, 2002, the Plaintiff completed the registration of transfer of ownership on the ground of sale on June 18, 2001, with respect to the land size of 158 square meters in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.
B. Of the above B forest land No. 158 square meters, the ship connected each point of the attached Form No. 3, 4, 5, 6, 7, 8, 9, 10, and 3 (hereinafter “instant land”) is used as a passage leading to a contribution.
[Ground of recognition] The fact that there is no dispute, entry of Gap Nos. 1 through 3, the result of the on-site inspection by this court, the result of this court's request for surveying and appraisal to the high-sea branch office of the Korea Land Information Corporation, the purport of whole
2. The assertion and judgment
A. The plaintiff asserts that since the defendant, from June 11, 2007, obtained unjust enrichment equivalent to the rent by incorporating, occupying, and using the land of this case owned by the plaintiff from around June 1, 2007 to the road without any title, the defendant is obligated to remove the road installed on the land of this case and deliver the land of this case to the plaintiff, and pay the plaintiff the amount of unjust enrichment equivalent to the rent from February 6, 2010 to October 5, 2015, which was five years before and after the filing of the lawsuit of this case, which was sought by the plaintiff, from February 6, 2010 to October 5, 2015.
In this regard, the defendant asserts that the land of this case is not occupied or used as a road because it had been used as a village passage since it had been used as a package construction for the convenience of the residents since it had been caused by the implementation of an urban planning project under the Urban Planning Act as to the land of this case, or did not make a public announcement of the approval of routes and a road zone under the Road Act.
② On June 18, 2001, the Plaintiff is using the instant land as a passage for the neighboring residents.