1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The land of this case was owned by D Co., Ltd. (hereinafter “D”). On August 29, 2016, the Plaintiff acquired ownership by means of a public sale procedure on August 29, 2016.

B. The instant land is currently being used as a current vehicle or for the passage of the general public.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6, and 7, the purport of the whole pleadings

2. Summary of the parties' arguments

A. Since the Defendant gains profit from occupying and using each of the instant lands owned by the Plaintiff without permission and causes damage to the Plaintiff, the Defendant is obligated to return to the Plaintiff the amount equivalent to the rent’s unjust enrichment of KRW 34,633,320 from August 29, 2016 to September 30, 2016, and KRW 962,040 from October 1, 2016 to the end of the day when the Plaintiff loses the Plaintiff’s ownership or the Defendant’s possession.

B. The defendant did not contain the road package on the land of this case, and does not occupy and manage the land of this case.

In addition, D, the previous owner, renounced the exclusive use right of the above land in around 1996, and the Plaintiff acquired the ownership of the land through the public sale with the knowledge of such circumstances, so it is impossible to respond to the Plaintiff’s request.

3. Determination

A. The facts that the instant land owned by the Plaintiff is provided as a road for the general public are acknowledged as above.

However, the Plaintiff’s claim for return of unjust enrichment of this case is based on the premise that the Defendant occupied and managed the land of this case from the past to the past, and thus, this is first examined.

B. The form of possession by the State or a local government of a road can be divided into possession as a road management authority and possession as a de facto controlling entity. As such, first of all, the public announcement of the recognition of routes and the determination of road zones is made in accordance with the Road Act.