1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Facts of recognition;

A. On April 1, 2013, C sold to the Plaintiffs the purchase price of KRW 185 square meters (hereinafter “1 land”) and the E-road 298 square meters (hereinafter “2 land”) prior to Guro-gu Seoul Metropolitan Government (hereinafter “instant land”) at KRW 60 million, and completed the registration of ownership transfer in the name of the Plaintiffs on the 15th of the same month.

(Plaintiff A 9/10, Plaintiff B 1/10). B

Each land of this case is provided for the general traffic, and is provided as a road, and the defendant occupies and manages each land of this case as a road management authority.

【Fact that does not have any dispute】

2. The Defendant, barring any special circumstance, has obtained a reasonable amount of rent by occupying and using each of the instant lands, barring any special circumstance. Accordingly, the Defendant, who is the owner of each of the instant lands, incurred a loss equivalent to his/her share of the rent, thereby obligated to return unjust enrichment to the Plaintiffs.

3. Determination as to the defendant's waiver of exclusive use rights

A. It is reasonable to deem that the original owner of the land has acquired the ownership of the land provided as a road by offering a part of the land to the site without compensation, and the resident has renounced the exclusive and exclusive rights to use the land and thereby, the person who specifically succeeded the ownership of the land through auction, sale, payment in substitutes, etc. after the land was passed through without compensation by the residents, or by recognizing that there is a burden of restricting such use and profit-making. Therefore, it is difficult to exercise the exclusive and exclusive rights to use the land provided as a road

(See Supreme Court Decision 92Da15970 delivered on July 24, 1992, and Supreme Court Decision 97Da5284 delivered on May 8, 1998, etc.). In addition, a private land is classified from the previous land to be naturally created or as a prospective road site and is actually being used as a road for public traffic.