1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Facts of recognition

C around June 30, 1965, the Plaintiff was the owner of 29 square meters (hereinafter “instant land”). The instant land was classified as “road” on July 7, 1965, and the instant land was changed on November 11, 1993, and the administrative district was changed on May 16, 2005, and was currently 96 square meters of the roads B, Seoyang-gu, Yongsan-gu, Busan Metropolitan City.

On March 26, 2007, the Plaintiff purchased the instant land and completed the registration of ownership transfer during the compulsory auction procedure.

On the other hand, the land of this case began to be used as a road before around 1967, and the defendant, as part of the E Repair Project around July 2004, has already been packed and managed as a part of the E Repair Project.

[Ground of recognition] In light of the above facts without any dispute, Gap's evidence Nos. 1 through 13, and Eul's evidence No. 1's each statement or video, and the whole purport of pleading, the defendant can recognize the fact that the land of this case owned by the plaintiff is occupied and used as a road, barring any special circumstance. Thus, the defendant has a duty to pay the plaintiff the unjust enrichment and its delay damages equivalent to the rent, or hand over the land of this case (preliminaryly).

The defendant's assertion argues that the road of this case has been used as a road before around 1967, and C, the former owner, renounced the exclusive right to use and benefit from the land of this case, and the plaintiff also knew all such circumstances at the time of acquiring the land of this case through auction, so it cannot seek a return of unjust enrichment against the defendant.

In general, a person who intends to acquire the ownership of land through a successful bid, sale or payment in kind shall be a land cadastre, register, urban planning confirmation source, the cadastral map of the related land, and in particular in the case of an auction, a public notice of the auction date or an auction property list