2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

2. Determination as to whether the obligation to return unjust enrichment occurred

A. According to the above facts of determination as to the cause of the claim, the defendant, by occupying and using each of the lands of this case as a road, obtained benefits without any legal grounds and suffered damages from the plaintiffs, who are the owners of the above lands. Thus, the defendant is obligated to return unjust enrichment equivalent to the rent due to the occupancy and use of each of the lands of this case to the plaintiffs.

B. The court's explanation about this part of the defendant's defense is based on the reasoning of the judgment of the court of first instance.

Since the part of the claim is the same as the entry in the court of first instance (as from No. 5, No. 13 to No. 6, No. 10), it shall be quoted by the main sentence of Article 420 of the Civil Procedure Act.

3. Determination on the amount of unjust enrichment

A. The basic value of the 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, shall be assessed according to the limited condition, i.e., a road in a case where the State or a local government, by constructing a road pursuant to the Road Act, etc. for the land in which the State or a local government actually used for the traffic of the general public, occupies, or is equipped with the form of a road by performing construction works necessary for the traffic of the general public, and where the State or a local government occupies, as a de facto controlling body, the land is incorporated into the road.