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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for adding the following judgments to the fourth and second parts of the judgment of the first instance, and therefore, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.
2. The portion added: Provided, however, the land owner’s ownership is deemed not to have been granted exclusive, exclusive, and exclusive rights to use as a result of the formation of the land-use situation corresponding to his/her own intent by providing the land for free through the passage of the general public or by allowing the passage to him/her, etc., even in cases where the land owner’s ownership is deemed not to have been recognized as not to have been granted exclusive, exclusive, or exclusive rights to use, as long as the existing use state is maintained under the principle of good faith, such as gold, reliance, protection of trust, etc., it is only impossible to claim a return of unjust enrichment, and it does not mean that the land owner cannot claim
Therefore, in cases where objective circumstances, which form the basis for excluding exclusive rights to use and benefit, have been significantly changed due to significant changes in land use conditions, the landowner should be deemed to be able to make a full proposal of rights based on ownership, including the right to use and benefit, from the time of such changes in circumstances.
At this time, whether there is such change of circumstances should be determined by comprehensively taking into account various circumstances before and after, such as the location and physical nature of the land in question, motive and background of the land owner to provide the land to the public for the passage of the general public, relationship with the land in question, circumstances leading to the change of land use status and identity with the previous use status.
(see, e.g., Supreme Court Decision 2012Da54133, Aug. 22, 2013). They return to the instant case, health class, and E buildings.