부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, in addition to the following parts, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary part] Part 5, 16, 5, 10, and 16 of the first instance judgment are as follows.
2. We examine whether Article 5 (1) of the Local Autonomy Act is applied, ① as seen earlier, the real estate of this case is located within the plaintiff's jurisdiction, and it can be deemed that the real estate of this case is located concurrently within the defendant's jurisdiction, which is the superior local government of the plaintiff, as well as within the defendant's jurisdiction. ② It is separate from the interpretation that Article 5 (1) of the Local Autonomy Act provides that where a local government which has exclusive jurisdiction over a new area changes its jurisdiction among local governments of the same type, shall succeed to all the property within the jurisdiction of a local government, the new local government which has exclusive jurisdiction over a new area shall succeed to all the property within the jurisdiction of a local government. If it is interpreted that Article 5 (1) of the Local Autonomy Act provides that the new local government which has exclusive jurisdiction over a new area shall succeed to all the property within the jurisdiction of a local government after the establishment of an autonomous Gu within the jurisdiction of a local government on May 1, 198, and Article 5 of the Local Autonomy Act provides that the guidelines for adjustment of the property of the local government shall belong to the administrative purpose of the Gu.