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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the claim against Defendant Social Welfare Foundation C
A. In a case where a landowner provided the land owned for the purpose of the general public, such as a road and a site laid underground, the following circumstances are comprehensively considered: (a) the owner of the land; (b) the details and period of holding the land; (c) the details and scale of the owner’s provision of the land for the use of the public; (d) the interest or convenience of the owner; (c) the location or form of the relevant part of the land; (d) the relationship with the neighboring land; and (e) the comparison and balancing between the ownership guarantee of the landowner and the public interest; and (e) if the owner may be deemed to have waived the exclusive and exclusive right to use the land, the said land is occupied and used by a third party (if not only the private person but also
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 other party, and the transfer of land cannot be claimed.
On the other hand, it is reasonable to deem that a person who specifically succeeds to the ownership of land, the exercise of which is restricted by the original owner's exclusive and exclusive right to use and profit by auction, sale, payment in substitutes, etc., has acquired the ownership of such land, at least with knowledge of such circumstances, unless there are special circumstances, since such specific successor may not exercise exclusive and exclusive right to use and benefit from such land.
At this time, whether there are special circumstances allowing a specific successor to exercise exclusive/exclusive/exclusive/exclusive/exclusive rights to use the land is provided to the general public with the details and purpose of the acquisition of the land by a specific successor.