부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. The reasoning of the judgment of the court of first instance cited the argument regarding the scope of unjust enrichment emphasized by the plaintiff in this court is the same as that of the judgment of the court of first instance, except for the addition of the following '2. Additional determination', thereby citing it as it is in accordance with the main sentence of Article 420
2. Additional determination
A. The gist of the Plaintiff’s assertion is that the Defendant around 1967, at the time of incorporation of each of the instant lands into a road, used the land use of each of the instant lands, “forest”; thus, the Defendant’s unjust enrichment on each of the instant lands should be assessed as “forest,” which is the current state of use at the time of incorporation into a road.
B. The basic price of land for calculating the amount of unjust enrichment equivalent to the rent for the land occupied and used by the State or a local government as a road by the State or a local government for the construction of a road under the Road Act, etc. with respect to the land in which the State or a local government actually used for the traffic of the general public, is a limited condition to a road, i.e., a road, where the State or a local government occupies the road as a de facto controlling body after performing the construction of a road or performing the construction of a road necessary for the traffic of the general public. In a case where the State or a local government occupies the road only when the land is not actually used for the traffic of the general public, it shall be appraised according to the actual state of use as at the time of its incorporation without considering the circumstances incorporated into the road. However, if it becomes objectively evident that the actual state of use of the land in question has changed to the surrounding land after its incorporation, it shall thereafter be appraised by considering the changed state of use of the land.