1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 2, 1971, the Plaintiff completed the registration of initial ownership relating to D forest land 4,231 square meters (hereinafter “land before subdivision”).

B. On August 25, 1972, the land before subdivision was divided into D Forest land 43,041 square meters (hereinafter “D land”), E forest land 298 square meters, F forest land 198 square meters, and G forest land 694 square meters.

On February 20, 1974, the land category E and F was changed to the road.

C. Since the Defendant performed a concrete packaging work around 1974, the land of this case is used as a road for the following reasons: the E-road 298 square meters and F-road 198 square meters (hereinafter “instant land”).

D Land was transferred from the plaintiff to H due to a successful bid on July 19, 2002 due to a voluntary auction.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 2 through 4, Eul evidence Nos. 1, 2, 7, 8, and 15, and the purport of the whole pleadings]

2. The parties' assertion

A. The plaintiff's assertion that the defendant gains profit by occupying and using the land of this case owned by the plaintiff without any legal ground, and thereby causes damage to the plaintiff equivalent to the same amount.

Therefore, the defendant is obligated to return unjust enrichment to the plaintiff.

B. The Defendant’s assertion that the instant land was divided according to the time of the road package business with the Plaintiff’s consent, which is the owner, and the land category was changed to the road.

At the time, the Plaintiff renounced the exclusive right to use and benefit from the instant land.

3. Where a private land is naturally occurring or is classified into a proposed road site and actually being used as a road for the general public traffic, if the owner of the land grants the right to free traffic to neighboring residents or the general public by providing the land as a road, or gives up the exclusive and exclusive right to use the land, it shall be interpreted.