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1. All of the plaintiffs' appeals and appeals filed by the appellate court are dismissed.
2. The costs of the lawsuit after the appeal are filed.
Reasons
1. The reasoning of the judgment of the court of first instance cited in the judgment is as follows: “from August 16, 2007 to October 24, 2018,” which read “from August 16, 2007 to October 11, 2019” of the fourth 12-13 of the judgment of the court of first instance as “from August 16, 2012 to June 11, 2019”; and the ground of the judgment of the court of first instance is the same as that of the court of first instance, except for adding the following to the sixth 10th 10th th 6th 10
Unlike the plaintiffs' assertion, the large permanent waiver of the right to use and benefit belonging to the core function of ownership is not allowed against the legal principle of real rights.
Therefore, even in cases where it is deemed that the exercise of the exclusive right by the landowner is restricted, the exclusive and exclusive use and profit-making by the landowner who is difficult to be compatible with the use of the land for free use by the general public is limited, and the landowner does not lose the right to dispose of or use and profit-making from the land to the extent that it does not interfere with the use by the general public.
Meanwhile, even if a land owner’s land ownership form a land use situation corresponding to his/her own intent and its exercise of exclusive rights to use is restricted by providing the general public with the land ownership, if an objective circumstance, which serves as a basis for restricting the exercise of exclusive rights to use, is significantly changed due to a significant change in the land use situation, the land owner may again claim the right based on the complete ownership, including the right to use and benefit, from the time of such change in situation.
At this time, the location and physical form of the land in question, the motive and background of the land owner to provide the general public with the land for use, the relationship with the land in question, whether the land use status was changed, and the right of the owner to exercise the right.