1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Facts of recognition

On May 15, 1979, the deceased A (hereinafter referred to as the "the deceased") purchased the area of 1124 square meters (hereinafter referred to as "land before subdivision") prior to C in Seopo-si, Seopo-si, and completed the registration of ownership transfer on November 9, 1994.

The deceased sold to D part of the share of the land before the partition on February 10, 1995, but became the owner of the whole share of the land before the partition on July 15, 1998.

The land before subdivision was changed to a road by land category on March 11, 1988, and on the ground of land cadastre (Evidence A 2) on May 20, 1957, the land category was changed to a road, but it is recognized as above in accordance with the record of Gap evidence No. 3.

On July 18, 1998, E-road 145 square meters and on August 11, 2017, F. F.39 square meters were divided into the above land before the said division. The instant land became the land.

According to the aerial photography, the land of this case was actually used for the traffic of the general public since before 1967.

On March 23, 2020, the Deceased died while the instant lawsuit was pending, and the Plaintiff independently succeeded to the claim for return of unjust enrichment against the Defendant on the instant real estate and the instant real estate.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 1 through 3, 5, 9, Eul's evidence No. 3, and the legal principles related to the purport of the entire pleadings, and the basic value of land to calculate unjust enrichment equivalent to the rent for the land occupied and used by the State or a local government as a road. The basic value of land is, where the State or a local government newly constructed a road under the Road Act, etc. for a land in which the State or a local government actually used for the traffic of the general public and occupies or uses the road as a road management authority by performing necessary construction or other construction, and where it actually occupies or occupies the road as a controlling entity, it is limited to the road, namely, the current state of road,