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(영문) 대법원 2016.05.12 2015다222463
부당이득금
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

In a case where a certain private land is naturally occurring or is classified into a proposed road site and actually used as a public road for the traffic of the general public, 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 gives a waiver of exclusive and exclusive rights to use the land, the land should be determined by comprehensively considering the following: (a) the circumstance or period of holding the land; (b) the details 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 in

(1) In light of the aforementioned legal principles, the following facts are established: (a) the first road of this case, along with the owner, was divided into a road in September, 1943 and its land category was changed to a road; (b) the land category was changed to a road; (c) the owner was divided into a road at around 1958 at the same time with some other surrounding lands; (d) the land category was changed to a road; and (e) the land category was changed to a road; (e) the first road of this case, and the first road of this case, the first road of this case, and the owner were divided into a road in September, 1943; and (e) the first road of this case, the first road of this case and the owner were divided into a road in the same manner with some other surrounding lands; and (e) the land category was changed to a road at around 1,165 square meters (hereinafter “M land”); and (e) the land category was changed to a new road in the form adjacent to the existing one; and (e) the road of this case was changed to a road around 15th road of this case.

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