209Nopoly 404271 Land Use Fees

Kim A (61 years old, South)

(67 year olds, women)

ParkB1 (65 years old, South)

December 7, 2010

December 21, 2010

1. All of the Plaintiff’s claims are dismissed. 2. Costs of lawsuit are assessed against the Plaintiff.

The Defendant (Appointed Party) and the Defendant, and the designated parties pay to the Plaintiff money calculated by the ratio of KRW 4,975 per month from February 25, 2009 to February 24, 2010, and the amount calculated by the ratio of KRW 4,991 per month from February 25, 2010 to February 24, 2010, from February 25, 2010 to the date of possession of the Defendant (Appointed Party) and the Defendant, and the designated parties, to the end of each month from February 25, 2010.

1. Basic facts

A. On August 8, 1978, the Gangseo purchased 6,632 square meters of miscellaneous land in Busan △△dong and completed the registration of ownership transfer, and on September 25, 1978, on the said land, it filed a land division report with the Busan △△△ office on September 25, 1978 to construct the housing on the said land, and divided it into the same 1,000 meters of ○ Miscellaneous land (hereinafter “the instant land”).

나. 강C는 1978. 9. 25. △구청에 이 사건 토지의 지목을 도로로 변경하는 지목변경 신청을 하면서, 이 사건 토지의 도로 양측에 U자형 측구를 자신의 비용으로 1978. 10. 15.까지 완료하고 위 공사 완료시까지 부산 △구 동 | 등 토지의 건축허가를 중지하여도 이를 감수하겠다는 각서를 제출하였고, △구청은 1978. 9. 27. 이 사건 토지에 도로가 개설되어 있는 사정을 고려하여 이 사건 토지의 지목을 잡종지에서 도로로 변경하였다.

C. Since then, Gangnam used the instant land as the passage of residents residing near the instant land.

라. 한편 원고는 2009. 2. 25. 부산지방법원 2007 타경 XXXXX 강제경매절차에서 이 사건 토지를 매수하여 2009. 3. 5. 소유권이전등기를 경료하였다.

2. On the one hand, the Plaintiff asserts that the Defendant (Appointed Party), the Defendant, and the designated parties (hereinafter referred to as “Defendants”) who own neighboring land or reside in neighboring housing (hereinafter referred to as “the instant land”) have a duty to return unjust enrichment therefrom, as they use the instant land as a road without compensation.

In general, a person who intends to acquire the ownership of land through auction, sale, or payment in substitutes is a land cadastre, registry, urban planning confirmation source, and cadastral map of the related land, especially in the case of auction, or by means of an auction, a detailed statement of goods at auction or an inspection of execution records kept in a court, etc. It is naturally anticipated in light of the empirical rule that the location, current status, and surrounding land should be seen as pre-inspection of the land location, etc. Therefore, the original owner of the land by offering the land as an exclusive and exclusive use right to the land through passage of neighboring residents, and accordingly, a person who succeeds to the ownership of the land after the neighboring residents passed the land without compensation is aware of the burden of such use or profit-making as above on the land, or at least acquired the ownership of the land, with the knowledge of such circumstance. (See, e.g., Supreme Court Decision 94Da2013, Sept. 30, 1994).

Judges Lee Dong-young