토지사용료
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Facts of recognition
D On October 6, 2001, the registration of ownership transfer was completed with respect to F forest land of 801 square meters (hereinafter “the land before the instant partition”) in Gyeonggi-do Eri (hereinafter “Eri”). The said land was transferred to the Plaintiff on November 16, 2007 through G and H. < Amended by Act No. 8077, Oct. 6, 2007>
On October 27, 2011, the Plaintiff divided the said land into 39 square meters of I forest land (hereinafter “instant land”) and 762 square meters of F forest land, and sold F land to the Republic of Korea on November 23, 2011.
J land located adjacent to the above land was divided into K or L land on July 23, 2002. Of them, K land (hereinafter “Defendant land”) acquired its ownership on November 16, 2001, but the Defendant acquired its ownership on December 26, 2007 through N.
After the defendant constructed a house on the defendant's land, the defendant completed registration of preservation of ownership on October 14, 2013.
Since then, this case's land has been used as access to the above house.
(Reasons for Recognition) Facts without dispute, entry of Gap evidence 1 through 5, result of on-site inspection by this court, the purport of the whole pleadings.
Since the plaintiff's assertion of the parties concerned uses the land of this case owned by the plaintiff as a passage, the amount equivalent to the rent from the time the defendant's housing was constructed to the completion date of use of the land should be refunded to the plaintiff
The Plaintiff, who is the former owner of the instant land or his successor, shall be deemed to have renounced the exclusive right to use and benefit from the instant land. As such, the Defendant did not have a duty to return the benefits arising from the use of the instant land to the Plaintiff.
Judgment
Where a private land is classified as a naturally created or proposed road site and actually used as a road for public traffic, the owner of the land shall provide the land as a road.