1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. On September 11, 2006, the Plaintiff acquired the ownership of 323.6 square meters (the portion indicated in the cadastral map in the attached Form; hereinafter “instant road”) of the PP-ro 323.6 square meters (the portion indicated in the cadastral map; hereinafter “instant road”).

B. Defendant B, C, D, E, F, G, H, I, L, M, N, J, and K own each building on the ground surrounding the instant road, as shown in the attached list, adjacent to the instant road.

C. On the road of this case, water pipes, water supply pipes, and sewage pipes managed by Defendantbucheon-si are laid underground, and gas pipes installed by Defendant O are laid underground.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 14, purport of the whole pleadings

2. The assertion and judgment

A. The Defendants asserted that the Plaintiff without title occupy and use the road of this case and thereby gain profits and inflict losses on the Plaintiff. Therefore, the Defendants are obligated to return the same as unjust enrichment.

B. Determination 1) A person who succeeds to the ownership of the land while knowing the fact that the original owner of the land provides a part of the land as a divided passage of another land, and renounces his/her exclusive or exclusive use right, and accordingly, the owner of another partitioned land bears the burden of restricting use or profit-making on the part of the divided land after he/she passed the land free of charge, barring any other special circumstances, shall have no legitimate interest to claim exclusive or exclusive use or profit-making, and thus, a person who succeeds to the ownership of the land is obliged to allow the free passage of the owner of the partitioned land as well as the original owner of the land (see Supreme Court Decision 97Da4718, Mar. 10, 198; Supreme Court Decision 97Da47118, Mar. 10, 1998; a person who intends to acquire the ownership of the land by auction, purchase or sale, or payment in kind, is kept at the auction date or at the court.