1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. Plaintiff A is the owner of Pyeongtaek-si D 17 square meters, Plaintiff B is the owner of 16 square meters and F 11 square meters in size prior to E, and the Defendant is the owner of G 50 square meters in size.

(hereinafter referred to as “the land in this area”) refers only to the lot number, D land, E land, F land is “Plaintiffs’ land,” and G land is “Defendants’ land.”

Defendant land is adjacent to H land owned by Plaintiff A and I land owned by Plaintiff B, and each of the said lands is connected to a road with a width of three meters wide (235 square meters, Pyeongtaek-si J road; hereinafter “instant road”). The Plaintiffs’ land is divided into the parts adjacent to the instant road among the said H and I land, and is in the shape extending into a roadside.

C. Around March 30, 2015, the Defendant newly constructed a building on the Defendant’s land, and then sealed a container on the entire land of the Plaintiffs, and thereafter, the Plaintiffs’ land is used as the road along with the instant road.

[Ground of recognition] The facts without dispute, Gap's 1 to 3 and 6 evidence (if there are virtual numbers, including branch numbers; hereinafter the same shall apply), the result of the survey and appraisal, the purport of the whole pleadings

2. The parties' assertion

A. The defendant, without any legal basis, opened a asphalt package on the plaintiffs' land and occupied and used it. Thus, the defendant is obligated to remove the above asphalt package and deliver the plaintiffs' land to the plaintiffs, and return unjust enrichment equivalent to the rent during the period of possession.

B. The Plaintiffs’ land is the land that Plaintiff A newly constructed a building on H land and Plaintiff B provided as a road by dividing it from each of the above land to obtain a building permit, and thus, the Plaintiffs’ claim cannot be complied with.

3. Determination

(a) In the case of a road constructed and sold by a landowner at the time of the formation and sale of a group of housing sites, the landowner granted the authority to pass the road to all persons who parcel out the housing site, including the buyer of the land, unless there are other special circumstances;