1. Defendant B was 14,451,109 won for the Plaintiff, Defendant C was 182,86,385 won for Defendant C, Defendant D was 21,922,968 won for Defendant D and each of the said money.

1. Basic facts

A. The registration of ownership transfer was completed in the name of the Plaintiff with respect to both Seocho-gu Seoul E-gu Seoul Metropolitan Government 216.2 square meters (hereinafter “instant land”) and the two-story housing (hereinafter “instant housing”), and FJ 73.6 square meters (hereinafter “instant land 2”).

B. The land Nos. 1 and 2 of this case was combined on August 12, 1986 and its land cadastre changed to the land cadastre No. 289.8 square meters in Seocho-gu Seoul, Seocho-gu, but the registration of transfer of ownership was completed on September 13, 1994 under the name of Defendant B on the ground of successful bid on April 29, 1994 when the registration of combination of lots was not completed in the register.

On the other hand, on September 13, 1994, the owner registered the change to Defendant B on the land cadastre of the Seocho-gu Seoul E-gi 289.8 square meters.

C. On February 21, 2003, the registration of ownership transfer was completed in the name of Defendant C with respect to the instant housing after obtaining a successful bid for the instant housing at the auction procedure implemented with respect to the instant housing.

Defendant D purchased the instant house from Defendant C on July 15, 2008 and completed the registration of ownership transfer on the same day.

Defendant C purchased the instant house again from Defendant D on June 19, 2009, and completed the registration of ownership transfer on the same day.

[Ground of recognition] The fact that there is no dispute, Gap's Nos. 1, 2, Eul's No. 1, 2, 3, 6, 7 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion No. 1 cannot enter the road without passing through the land No. 2 owned by the Plaintiff.

Defendant B used the instant land No. 2 as a passage to the instant land from the time of acquisition of the instant land from the date of acquisition to the date of entry into the instant land No. 1, and thus, from August 1, 2001, the extinctive prescription period for the right to claim restitution of unjust enrichment against the use of the instant land has not expired.