부당이득금
1.The judgment of the first instance, including a claim that has been reduced in the trial, shall be modified as follows:
The defendant.
1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for addition or modification as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The part to be added after the third 8th of the judgment (the defendant included a waterway in the land No. 2 of this case, and the part belonging to the waterway cannot be deemed to be occupied and used by the defendant as a road. However, according to the result of a request by the Korean court for surveying and appraisal as to the two main offices of the Korea Land Information Corporation and the purport of the entire pleadings, most of the land No. 2 of this case is being used as a road and a road affiliated facilities, and the part claimed as a waterway does not flow with water, and is being used as a part of the road No. 2 as a part of the law side of the road No. 3 of the judgment. Therefore, it is recognized that the defendant's claim is only accepted) to change (the part that the defendant's claim is not accepted) (Article 2-c).
C. In the case of a determination on the scope of the obligation to return unjust enrichment, the amount of profit from possession and use of real estate is equivalent to the rent of the real estate. The basic price of land in order to calculate 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. The basic price of land is, where the State or a local government previously constructed a road for the land which was actually common use by the public through the traffic of the general public, and occupies or occupies a road as a dominant body after it was occupied or actually required by the road management authority in accordance with the Road Act, etc.