All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

1. Basic facts

A.D completed the registration of ownership transfer on June 17, 1975 on the instant land due to sale and purchase on June 16, 1975.

The land of this case is used as a passage of neighboring land from around that time to that of the present time.

B. D A deceased on April 4, 1997, and D’s property was succeeded to 3/9 as Plaintiff A’s wife, and 2/9 as Plaintiff C, B, and E’s child, respectively.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 9 evidence, Eul 4, 5, 6, 11 and 14 evidence or video, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the plaintiffs' assertion 1) The defendant occupies and uses the land of this case without permission, and the plaintiffs cannot use and benefit from the land of this case at all. Accordingly, the defendant is obligated to pay the plaintiffs the amount of unjust enrichment equivalent to the rent (the plaintiffs seek payment of money corresponding to 1/10 among them).

(2) Since Defendant’s instant land was a land for which the exclusive use right was waived by the former owner, the Plaintiffs cannot file a claim for return of unjust enrichment against the Defendant.

B. It is reasonable to view that the original owner of land 1 acquired the ownership of the land as a result of auction, sale, payment in substitutes, etc. to allow the situation that the original owner of land provided a part of the land as a road site without compensation and waiver of the exclusive and exclusive rights to use and benefit therefrom, and that a person who specifically succeeded to the ownership of the land through auction, sale, payment in substitutes, etc. after the residents passed the land without compensation, is not entitled to exercise the exclusive and exclusive rights to use and benefit from the part of the land provided as a road.

Therefore, even if a local government occupies and manages part of the land as a road, it cannot be said that any damage arises to a specific successor.