Where a local government without title occupies a naturally formed road without title, the calculation of such amount of unjust enrichment;

At the time when a local government occupies the above land by performing construction works such as expansion of a road and delivery and installation of the above land, the above land has already been naturally used as a road for a long-term period and its land category has been changed to a road, and the landowner also obtains the above occupation after a local government initiates such occupation and then the land owner gains the profit of a local government as an occupant of the above land and damages not being used by the land owner are equivalent to the rent under the condition that the above land is

Article 741 of the Civil Act

Supreme Court Decision 87Da22343 decided Sep. 22, 1992 (Gong1992, 2978), Supreme Court Decision 93Da19804 decided Aug. 24, 1993 (Gong1993, 2572)

[Judgment of the court below]

Song-si

Seoul High Court Decision 91Na5317 delivered on October 21, 1992

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

1. According to the reasoning of the judgment below, since the land of this case was originally used as part of its original 800, around 1952, 1950 U.S. military cases (K) 5 points around the land of this case, the road of this case was extended to 5 meters wide. The above road continued to be used for the access road of the U.S. military base and the general traffic, and the land category of this case was changed to 9 December 30, 1958. On the other hand, the land of this case was formed as the base village. Since the land of this case was constructed as the 196th appraisal area around the 196th anniversary of its original 1984, the land of this case was constructed as the 196th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 198 7th 196 7th 9th 197 7th 198.

2. If the defendant market uses the land of this case as a site without legal title, the defendant market generally obtains profits equivalent to the rent of the land of this case and suffered damages equivalent to the same amount from the plaintiff who is the land owner of this case. Thus, at the time when the defendant market occupies the land of this case by performing construction works such as road expansion and delivery construction of the land of this case, the land of this case has already been used as a road for a long time due to natural occurrence, and its land category has been changed to a road. The plaintiff also acquired the land of this case after the commencement of such occupation, and the profits that the defendant market gains as the possessor of the land of this case and the losses that the plaintiff did not use as the owner of the land of this case are limited to the road of this case.

The court below is clear that the appraisal method of the land of this case is calculated by adopting the appraisal result of the non-party who made the appraisal of the land of this case on the road, and since the appraisal method of the land of this case is not found to be erroneous in light of the rules on the public appraisal of land, etc. and the appraisal of appraisal, etc., there is no error of law such as misunderstanding of legal principles, lack of reasons, violation of the rules of evidence,

3. Therefore, the appeal is dismissed, and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Sang-won (Presiding Justice)