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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 for the court’s explanation of the instant case is as stated in the reasoning of the judgment of the first instance except for the determination of the Plaintiff’s additional assertion at the trial. Thus, this is acceptable as it is by the main text of Article 420 of the Civil Procedure Act.
2. Judgment on the Plaintiff’s additional assertion
A. The main point of the argument is that the Defendant installed and managed the water supply and drainage pipe on the underground of the instant land until now. In the process, there was no fact that the Plaintiff, the landowner of the instant land, obtained the consent or consent, and notified the Plaintiff thereof, and there was no fact that the Defendant processed the compensation by the relevant law.
Therefore, the defendant should compensate the plaintiff for damages equivalent to the usage fee of the land due to the above illegal act (unauthorized possession).
B. In a case where a private land is naturally occurring or is classified into a proposed road site and actually used as a road for the general public’s traffic, if the owner of the land grants a neighboring resident or the general public the right to free access to the land by providing the land as a road or waives the exclusive and exclusive rights to use the land, it shall be carefully determined by comprehensively examining the following: (a) the developments and period he owns the land; (b) the developments and scale of selling the remaining land in installments; (c) the location and nature of the land to be used as the road; (d) the relationship with the neighboring land; and (e) the surrounding environment; and (e) the degree of contribution to the land in question for the effective use and benefit of the remaining land sold (see, e.g., Supreme Court Decisions 97Da11829, Jun. 27, 1997; 97Da27114, Dec. 12, 197); and (e) the owner of the land waives exclusive rights to use and benefit from the land.