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The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The grounds of appeal are examined.
1. As to the grounds of appeal on the instant water supply facilities, the lower court determined that the Plaintiff, who succeeded to the instant land from the network E, could not seek a return of unjust enrichment due to the removal of the instant water supply facilities, the transfer of the relevant land, and the use of the land, on November 30, 2007, since the authenticity of the consent to the use of the land by the network E was recognized, and according to the consent to the use of the said land, the network E, the former owner of the instant land, consented to the Defendant’s free use of the instant land in order to install and use the instant water supply facilities.
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on the formation of documents.
2. As to the grounds of appeal on the instant road, where a landowner provided the land owned for the purpose of the general public, such as a road, the following are comprehensively considered: (a) the details and period of holding the land; (b) the details and scale of the owner’s provision of the land for the use of the land; (c) the interest or convenience of the owner; (d) the location or form of the relevant part of the land; (e) the relationship with the neighboring land and surrounding environment; and (e) the comparative balancing between the ownership guarantee of the landowner and the public interest, if the owner is deemed to have waived the right to exclusive use and benefit on the land, the third party (the State and the local government
Even if there are no special circumstances, land owners cannot claim a return of unjust enrichment against others, and the transfer of land is not possible, unless there are special circumstances.