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(영문) 춘천지방법원 2017.08.23 2016나54098
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

Reasons

1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except where the court renders a dismissal of not more than 3 pages 3 and 12 of the judgment of the first instance as set forth in the following paragraph (2). Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. The basic price of land used for the purpose of 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. In a case where the State or a local government occupies the land previously occupied and used as a road only when the land was not actually used for the general public for the purpose of traffic, it shall be appraised according to the actual conditions of use as at the time of incorporation of the land, without considering the situation of incorporation into the road. However, in a case where the State or a local government, as a road management authority, occupies the land previously used for the general public for the purpose of traffic by constructing a road under the Road Act, etc., or performing construction actually necessary for the traffic of the general public, and thereafter occupies the road as a de facto controlling entity, it shall be appraised according to the condition limited to the road, namely,

(2) On January 19, 200, when the land of this case was incorporated into a road on March 28, 1987, the land category was changed from “building site” to “road”; ③ the area used as a farming prior to the construction of this case among the entire area of the land of this case as part of the land of this case was 59 square meters, and the area of the land incorporated into the road of this case after the construction of this case was incorporated into a road around 1986, in full view of the purport of the entire pleadings as a whole.

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