1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As the heir of the network C (hereinafter “the deceased”) on June 20, 2014, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on July 18, 2014 for each land listed in the separate sheet (hereinafter “each land of this case”).

B. On October 29, 2008, the Defendant obtained approval from the Gyeonggi-do Governor for a plan to create an arboretum at the Amyeong-gun D members, and thereafter obtained permission for the establishment of a road (road access to an arboretum) on the surrounding land including each of the instant land.

C. On February 2008, the Deceased prepared a written consent to land use with the purport that the Defendant consented to the use of each of the instant land for the construction of the said road.

The defendant currently uses part of each of the land of this case as a road.

[Ground of recognition] A without dispute, Gap evidence 1-2, Gap evidence 2-3, Eul evidence 1-2, Eul evidence 1-2, Eul evidence 2-2, Eul evidence 1 and 2, appraiser Korea National Land Information Corporation E, appraiser F

2. The plaintiff's assertion that the defendant used each of the lands of this case, and thus, the owner shall pay the user fee to the plaintiff.

3. The judgment of the Plaintiff, as the inheritor of the deceased, comprehensively succeeded to the deceased’s claim and obligation on the deceased’s life, whether the Defendant is liable to return unjust enrichment from the use and profit-making of each of the instant lands to the Plaintiff depends on whether the Defendant occupied and used the instant portion of land based on a valid legal cause with consent from the deceased.

In the following circumstances, each of the evidence mentioned above, and evidence mentioned above, and evidence Nos. 3-5, and evidence Nos. 4 and 5, can be seen to the purport of the entire pleadings, namely, the written consent for land use prepared by the deceased to the defendant, and the compensation between the deceased and the defendant.