부당이득금
Of the part of the judgment below against the defendants, it is about 2 through 5, 7, 9 through 11 of the attached list of the judgment below.
The grounds of appeal are examined.
1. As to the Defendants’ grounds of appeal
A. Article 26(1) and (2)1 of the former Enforcement Decree of the State Property Act (amended by Presidential Decree No. 20463, Dec. 28, 2007; hereinafter “Enforcement Decree of the State Property Act prior to the amendment by Presidential Decree No. 20463, Dec. 28, 2007; hereinafter “Enforcement Decree of the State Property Act”) provides that “individually publicly announced land prices” of the relevant land under the Public Notice of Values and Appraisal of Real Estate Act shall be applied; Article 26(1) and (2)1 of the former Enforcement Decree of the State Property Act (wholly amended by Presidential Decree No. 21641, Jul. 27, 2009; hereinafter “Enforcement Decree of the State Property Act before the amendment by Presidential Decree No. 21641”); Article 26(1) and (2)1 of the same Enforcement Decree of the State Property Act provides that the publicly announced individual land prices of the relevant land at the time of the amendment by Presidential Decree No. 2191, supra, shall be applied. 20196.
On the other hand, the former Enforcement Decree of the Local Finance Act and the Public Property Management Act (hereinafter referred to as the "Public Property Management Act"), which are the basis for calculating the rent for the land which is the public property.
In the Enforcement Decree,