1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The Defendant, as a local government, is obligated to pay to the Plaintiff unjust enrichment equivalent to the usage fee from August 19, 2006, since it occupies the road packaging construction on the land of 17.9 square meters in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, which is owned by the Plaintiff.

B. Co-owners of the above land were divided into co-owned properties after changing the land category from the site to the road, and the Plaintiff was fully aware of the fact that the land already used as a passage is subject to the burden of using the land and restricting profit.

In addition, since the defendant has already been used as a passage road and only managed the land as a local government's packaging, etc., there is no profit.

2. Facts of recognition;

A. On September 29, 1971, the land category of the instant land was changed to a road on September 27, 1978, and the co-owned property partition was completed on August 26, 1982, and D alone completed the registration of ownership transfer on September 3, 1982.

The Plaintiff purchased the instant land from D on January 5, 199, and completed the registration of ownership transfer on February 5, 199.

B. On October 10, 1983, E completed the registration of ownership transfer with respect to Franchi 217.9 square meters, which was connected with the land of this case, through the land of this case, and completed the registration of ownership transfer with respect to the building on the land around May 198 and obtained approval for use on September 9, 198, by constructing the building on the land.

On October 21, 2002, Incheon Metropolitan City acquired through consultation on the above land and buildings from E, completed the registration of ownership transfer on October 29, 2002, and changed the above building (second floor house) to welfare facilities for older persons on November 23, 2004.

On April 5, 2016, the defendant completed the registration of ownership transfer on the land and building due to the revision of ownership.

C. The plaintiff is against E.