1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 30, 1967, E, who was the owner of 4,379 square meters (hereinafter “land before subdivision”) before Dongjak-gu Seoul Metropolitan Government D, submitted a land division report.

Accordingly, on December 1 of the same year, B, 126 square meters and C, 109 square meters (hereinafter “instant land”) were divided from the land of other 18 lots, along with the land of other 18 lots.

B. On December 18, 1967, E sold all the 20 parcels of land, including the instant land, to F, and on October 16, 1968, F changed the category of all the above land from “B” to “B”.

C. A new house was built from October 1968 on the land of the remaining 18 parcels except the instant land, and the remaining land was transferred to a third party along with the above ground house.

On March 15, 2007, the Plaintiff purchased the instant land from F, and the same year.

4. 16. Each registration of ownership transfer shall be completed.

On the other hand, the instant land is used for the general public and vehicle traffic, including the owner of the housing constructed on the divided land, since it was divided from the pre-division land to the present time. In 2008, the Defendant re- installed the sewerage pipe on the underground, and installed the sidewalk block in part of the instant land adjacent to the neighboring road.

[Ground of Recognition] Facts without dispute, Gap's 1 to 5, Gap's 1 to 10 evidence (including each number), the purport of the whole pleadings

2. The parties' assertion

A. Since the Defendant alleged the Plaintiff’s assertion provided the land of this case owned by the Plaintiff as the passage of neighboring residents while occupying and managing it as a road, thereby gaining unjust enrichment equivalent to the rent and causing damages to the Plaintiff without any legal cause, the Defendant is obligated to deliver the land of this case to the Plaintiff and return such unjust enrichment to the Plaintiff.

B. The original owner of the instant land alleged by the Defendant provides the instant land to the general public as a road.