Whether it is possible to calculate the rent for a road site in analogy of the market price of the land near the risen area when the market price of the adjacent land has risen due to the opening of the bus.

Since land owned by another person is used as a bus, it is illegal to calculate the rent of a road site by analogy of the market price of neighboring land whose price has risen due to the road opening.

Article 741 of the Civil Act

[Defendant-Appellee] Plaintiff 1

Attorney Han-chul et al., Counsel for the defendant

Seoul High Court Decision 73Na113 delivered on May 17, 1973

The original judgment shall be reversed, and

The case is remanded to Seoul High Court.

The defendant's attorney's grounds of appeal are examined.

According to the reasoning of the judgment of the court below, it was incorporated into the Seoul Special Metropolitan City in 1952 that the US-gun used the land as an operation road from June 25 to June 195, and it was de facto roaded by the US-gun for its operation, and around April 1967, the defendant permitted the operation of the city bus of 128 to pass the above land on the above land. On July of the same year, the defendant implemented the road packaging construction on the above land and announced the road to the traffic of people and vehicles, and it was confirmed that the above land was being used as a road without any procedure as prescribed by the Road Act until now, without any legal ground that the defendant used the above land as a road without any legal ground and obtained the profit of the clinical party and returned the plaintiff who is the owner of the above land the amount of damage equivalent to the above land, and calculated the sum of 3,779,870 won on the basis of the rent per square day by the appraiser of the first instance judgment.

However, according to the records, the appraisal statement of the non-party is that the land is currently used as a bus or that the calculation of the price of the land is based on the consideration of the situation of the neighboring land under the premise that the land is evaluated as pure goods and the price of the land is calculated on the basis of the market price calculated on the basis of this, the situation of the land in the vicinity of the land and the formation of the price of the land will have a direct impact on the land that the land is opened through a bus, and therefore the market price of the neighboring land is increased accordingly. However, without considering these circumstances, the above appraisal statement of the above appraisal statement, which is calculated on the basis of the market price of the neighboring land assessed by analogy of the market price of the land, shall be adopted by the court below, and based on this, it shall have an influence on the conclusion of the judgment, which affected the conclusion of the judgment. Therefore, it is therefore reasonable.

Therefore, the original judgment is reversed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Yoon-Jeng (Presiding Justice)