The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

In a case where a landowner provided the land to the general public, such as a road and a site reserved for a water supply facility, the owner of the land occupies or uses the land for the purpose of the general public; the details and period of holding the land; the details and scale thereof; the existence of the owner’s interest or convenience from the provision of the land; the location and form of the relevant part; the relationship with the neighboring land; and the surrounding environment; and as a result, the comparative balancing between the ownership guarantee of the landowner and the public interest, if the owner may be deemed to have waived the right to exclusive use and benefit from the land, the third party (the State and the local government may also correspond thereto; hereinafter the same shall apply) occupies

Even if there are no special circumstances, the land owner 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.

(See Supreme Court en banc Decision 2016Da264556 Decided January 24, 2019). The lower court: (a) comprehensively taking account of the following circumstances, granted the Plaintiff the right to freely pass the instant land to the general public by providing the instant land as a road and providing it as a road to the general public; (b) the Plaintiff, who purchased the instant land prior to subdivision, divided the instant land on the land prior to subdivision in line with the urban planning zone; and (c) building a commercial building on the remaining land prior to subdivision; and (d) the instant land is actually used as an exclusive passage through the said commercial building from around that time to that time, as it is the only three-dimensional form; and (d) it is difficult to exclusively use the instant land due to the increase in the number of the instant land adjacent thereto, or it seems difficult to have great usefulness therefrom.