Court: "Private Land Within Park Site... Not Unjust Enrichment by Local Government if Natural Green Area"

Seoul Central District Court / Photo by Moon Ho-nam munonam@

[Asia Economy Reporter Seongpil Cho] A court ruling has stated that even if local governments develop private land into parks, they cannot be deemed to have gained unjust profits if the landowner's property is left in a 'natural green area' state.

According to the legal community on the 19th, the Seoul Central District Court Civil Division 30 (Presiding Judge Han Seongsu) ruled against 14 plaintiffs, including Mr. Oh, who owned part of a neighborhood park land in Gangnam-gu, Seoul, in an unjust enrichment lawsuit against the Seoul Metropolitan Government. Previously, Mr. Oh and others filed a lawsuit in 2019 demanding payment of 725 million KRW in unjust enrichment for exclusive possession after Seoul designated and approved 255,342㎡ of Maebongsan area in Gangnam-gu, including their forest land, as park land and developed it.

Mr. Oh and others argued in court that although their forest land falls under a natural green area, Seoul effectively controlled it through facilities installed within the neighborhood park, thus obligating payment of unjust enrichment. However, the court acknowledged that "entrances to the park and the site have signboards and railings installed, and walking paths for pedestrians have been created," but "there are no special circumstances indicating that Seoul's control over Mr. Oh's forest land is recognized, such as reforestation or other comprehensive management," rejecting their claim.

In fact, the forest land owned by Mr. Oh and others was included in the neighborhood park site but was preserved in a natural green state. The court stated, "Seoul did not install fences or notices to control access or indicate usage methods on Mr. Oh's forest land," and "there is no evidence to recognize Seoul's possession of the natural green area land under social norms."