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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. In fact, the Plaintiff completed the registration of initial ownership on June 22, 1985 with respect to “the instant land” (hereinafter “instant land”).
Among the land in this case, the attached drawing indication "b" part 399 square meters is packed and used as a road.
[Ground of recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings
2. The assertion and judgment
A. The purport of the assertion is to claim the return of unjust enrichment by asserting that the Defendant incurred damages equivalent to the rent, by using part of the land of this case as a road without any legal ground, to the Plaintiff.
In this regard, the defendant asserts that the plaintiff has no right to seek restitution of unjust enrichment since he renounced his exclusive right to use and benefit from the land of this case.
B. (1) The determination shall be based on a comprehensive consideration of the following: (a) in a case where a private land is naturally created or is actually used as a road designated as a site for a road and is actually used for the traffic of the general public, 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 (b) intent to waive exclusive and exclusive right to use and benefit from the land; (c) the circumstance or period he/she owns the land in question; (d) the circumstance and scale of selling the remaining land in installments; (e) the location and nature of the land to be used as the road; (e) the relationship with other neighboring land; and (e) the degree of contribution to the land in question for the effective use and benefit of the remaining land partitioned and sold.
(see, e.g., Supreme Court Decision 2005Da31736, May 12, 2006). In the instant case, the instant land is a narrow shape along the road.
The land of this case was cadastral restoration on August 1, 1961, and the land category at that time was the land category.