Removal of structures and a road on our client's land: all claims granted

Background

Part of our client's forest land was occupied by a parking structure and other facilities that a neighboring foundation had built when extending its building, and another part by an asphalt road built and managed by the local government. Our client sued for removal of the facilities and surrender of the land, and for removal of the road and payment for use of the site (unjust enrichment).

Issues and ruling

The local government argued that our client's side had long tolerated the road and so had waived exclusive use, and that demanding removal now was an abuse of rights. The court rejected this, noting that the road site was about 20% of the land, that a road could be built on adjacent state-owned road land, and that there was little evidence of consent.

Outcome

The court ordered removal of the facilities and vacation by their occupant, surrender of the land, removal of the road and surrender of its site, and payment of about KRW 3.15 million plus about KRW 30,000 per month until surrender. The opposing parties were ordered to bear the litigation costs.

This is the outcome of an individual case and does not guarantee the same result in similar matters. Some facts have been generalized to protect the parties involved.