In the meantime, there are some cases where the state or local government manages the land owned by individuals by using them for general public such as roads. This was started in accordance with development activities through projects for preparation of housing site in the 1960s and Saemaul projects in the 1970s. Since the 1970s, when the
landowner claimed the right to returning unjust enrichment to local governments, the Supreme Court issued the independent logic of ‘the Legal Principles of Abandoning the Exclusive Right to Use and Profit’ as a restriction to it. However, with regard to the Legal Principles of Abandoning the Exclusive Right to Use and Profit(hereinafter referred
as ‘the Principles’), it has been constantly questioned about the meaning that the owner has ‘abandoned’ the Exclusive Right to Use and Profit and there was also criticism that the logic composition was not reasonable in view of the nature of property.
Recently, the Supreme Court has expressed a clear stance on the Principles through Supreme Court Decision 2016Da264556 Decided Jan. 24, 2019(hereinafter referred as ‘the Judgment’). The judgment is significant in that it is the first case to judge the equity between ensuring ownership of the landowner and the public interest, in addition to all
other considerations, such as spontaneity and utility. But the content of the judgment is also inconsistent with the nature of property and even in the explanation that the Principles is not a ‘juristischer Tatbestand’ but a standard of judgment, the actual legal effect of the Principles is restricting the landowner s exclusive use of the land. So this
explanation is also incorrect. In addition, it is doubtful whether the Principles conforms to the real intention of the landowner in terms of interpretation.
At this point, the Principles has done its part and deserves to be discarded. But in the case where the ruling of the Supreme Court is continued, it should be appreciated that the landowner is allowed to limit the exercise of ownership for at least 30 years free of charge. In particular, a relaxed examination is needed to apply the principle of change of