부당이득금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning for the court’s explanation of the instant case is as follows, except for the addition of the judgment on the Defendant’s waiver of exclusive right to use, and thus, the reasoning for the court’s explanation of the instant case is identical to the reasoning for the first instance court’s decision. Therefore, it is acceptable to accept
2. Parts to be determined additionally
A. From 1946 to 1946, G, which was the Plaintiff’s assertion from the Defendant’s assertion that the land was incorporated on the road before the instant lawsuit was filed, did not raise any objection to the possession of the land in this case or claim land usage fees to the Republic of Korea or the Defendant. Therefore, it is reasonable to deem that G and the Plaintiff renounced
B. In a case where a private land is naturally occurring or is classified into a proposed road site and actually used as a road for the public traffic of the general public, 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 exclusive and exclusive rights to use the land, the determination should be made by comprehensively examining the circumstances such as the circumstance and period he/she owned the land, the details and scale of the sale in installments of the remaining land, the location and nature of the land to be used as the road, the relationship with other neighboring land, the surrounding environment, etc., and the degree of contribution to the land in question for the effective use and profit of the remaining land partitioned and sold.
(see, e.g., Supreme Court Decision 2006Da11708, Dec. 10, 2009). In light of the foregoing, there is no evidence to prove that a road management authority, including the Defendant, has taken lawful procedures for acquiring the instant land for public use or has occupied the instant land with the consent of the owner. G.