[손해배상청구사건][고집1973민(1),399]
Where private land is used as a road in accordance with the procedures prescribed by the Road Act, the method by which the owner may be relieved;
If a private land is incorporated into a road under the Road Act according to the recognition of routes and the determination of the area thereof, the person who suffered losses as a result of the exclusion of the exercise of private rights can not receive compensation for losses or make a claim for return of unjust enrichment according to the procedure prescribed by the Road Act.
Article 5 of the Road Act
Plaintiff
Seoul Metropolitan Government
Seoul Central District Court (72 Gohap3825) in the first instance trial
The original judgment shall be revoked.
The plaintiff's claim is dismissed.
All the costs of lawsuit shall be borne by the plaintiff in the first and second instances.
The defendant shall pay 1,266,386 won to the plaintiff.
The judgment that the lawsuit costs should be borne by the defendant and the declaration of provisional execution were sought.
The defendant's attorney is seeking the same judgment as the disposition.
According to Gap evidence Nos. 1 and 296-1 of Seodaemun-gu Seoul Metropolitan Government, the plaintiff's legal representative, without dispute over the establishment of the parties, conducted on-site inspection, and the non-party's survey and appraisal, it is recognized that the plaintiff's land owned by the plaintiff and its entire use is a road site of 35 meters wide from the new village to the search. Meanwhile, there is no dispute between the parties as to the facts that the defendant used the road as a road according to the procedures prescribed in the Road Act as the day duty of the Seoul Urban Planning Road Act. (The plaintiff's legal representative stated that the road was a road under the Road Act, which was stated by the court below as the road under the Road Act, was withdrawn due to mistake, but there is no evidence that the above statement is deemed to be an error, but it is impossible to use the land as a result of the defendant's acquisition of the land, and thus, the plaintiff's legal representative cannot claim compensation for damages due to the plaintiff's use of the land as a road under this case, and thus, the plaintiff's legal representative cannot claim be dismissed.
Judges Jeon Soo-dae (Presiding Judge)