토지사용료
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Basic Facts
The Plaintiff acquired ownership through public sale on October 10, 2016 with respect to the area of 71 square meters (hereinafter “instant land”).
The Defendants are co-owners in the subparagraph f of the Gangseo-gu Busan E Apartment (hereinafter “instant apartment”) adjacent to the instant land.
The apartment of this case consists of 20 households, and the apartment residents use the land of this case as their main entrance to the apartment of this case.
[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 and 5, and the purport of the whole pleadings, are asserted by the parties concerned, and residents of the apartment of this case including the plaintiff et al. gain unjust enrichment equivalent to the use of the land of this case without any title. The defendants must return unjust enrichment to the plaintiff, such as the statement in the purport of the claim.
The Plaintiff renounced the exclusive right to use and benefit from the instant land.
Judgment
In a case where an owner of land provides the land to the general public, such as a road and a site reserved for a water supply facility, the following circumstances are comprehensively considered: (a) the owner of the land; (b) the details and period of holding the land; (c) the details and scale of providing the land for the use of the public; (d) the existence of the owner’s interests or benefits from the provision of the land; (c) the location and form of the relevant part; (d) the relationship with the neighboring land; and (e) the comparison and balancing between the ownership guarantee of the landowner and the public interests, if the owner is deemed to have waived the exclusive, exclusive
Even if there are no special circumstances, the landowner cannot be deemed to have suffered any loss due to the land owner’s failure to file a claim for return of unjust enrichment against the land owner.
.the original owner.