Background
It is not uncommon to find that land you own has come to be used by the State or a local government as a park trail, a road, a military perimeter fence or a transmission line corridor. Ownership remains private, yet the State occupies and uses the land without title (no land use authorization, expropriation or negotiated purchase). In that situation the landowner can claim return of unjust enrichment equal to rent from the State or local government (Civil Act art. 741). Changchun has acted in many such disputes over unauthorized public occupation.
The Real Issue — "How Much Is Being Occupied?" (Area of Possession)
That the occupation is without title is often relatively clear. What actually decides the case and the amount recovered is "exactly how much of my land the State is found to be occupying and using" — the area of possession. Unjust enrichment is ultimately calculated as [area of possession × rent per unit area], so a smaller area means a proportionately smaller award. The State seeks to read the area as narrowly as possible; the owner needs it recognized as broadly as the actual use warrants.
Changchun's Expertise
Changchun (attorneys Jaesun Yoon and Younghoon Jung) brings accumulated expertise to this fight over the "area of possession."
Proving the extent of possession: we identify not merely the boundaries on the cadastral map but the actual footprint of roads, trails, facilities, fencing and buried infrastructure, using aerial photographs, site surveys and GIS data. We capture the full extent of "actual possession" — not only a road's surface but its slopes and drainage channels, and for transmission lines the land beneath the wires and the clearance envelope.
Critically testing the survey appraisal: the area of possession is fixed by court survey appraisal, and the result varies with the reference points, the interpretation of boundaries and the calculation method. Changchun examines the appraisal's premises and calculations closely and corrects understated portions.
Testing the rental appraisal: rent per unit area likewise turns on the rental appraisal methodology (base price, expected yield, selection of comparable standard land). Changchun contests this element with equal precision so that proper rent is recognized.
Applying the law accurately: we respond comprehensively to the State's standard defenses — establishing that the restriction on private rights under article 4 of the Road Act does not bar a claim for return of unjust enrichment, and that where the State asserts "waiver of exclusive rights of use and profit" (Supreme Court en banc, Jan. 24, 2019, 2016Da264556), its requirements (such as voluntary provision by the owner) are not satisfied.
Takeaway
The fact that "my land is being used for public purposes" is not the end of the matter: contesting the area of possession and the rent down to the last inch and the last won is the starting point of proper compensation. Changchun protects landowners' rights with expertise in calculating the area of possession in disputes over public occupation of parks, roads, military bases and transmission corridors.
Landowners readily give up in this area, assuming it is "hard to beat the State" — but precisely proving the extent of possession and the rent can secure proper compensation. Changchun has built its expertise through many cases in this field. (Outcomes may differ depending on the facts of each matter.)