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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.
Reasons
1. The basic facts and
2. The court’s explanation on this part of the claim for restitution of unjust enrichment is consistent with the reasoning of the judgment of the court of first instance, and this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
3. Scope of return of unjust enrichment
A. The basic price of 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 appraised according to the limited condition, namely, the current condition of the road where the State or the local government, by constructing the road under the Road Act, etc. for the land in which the State or the local government actually used for the traffic of the general public, occupies or occupies the road as a de facto controlling entity after performing the construction works required in the form of the road. In a case where the State or the local government occupies the road only for the land which is not actually used for the traffic of the general public, it shall be appraised according to the actual state of use as at the time of its incorporation, without considering the circumstances incorporated into the road. In a case where the road is not constructed in view of the location of the land, development and utilization of the surrounding land, etc. after its incorporation into the road, if it becomes objectively evident that the actual state of use of the land in question is changed to the surrounding land, thereafter, the price of the changed state of use, and then shall be assessed in an amount equivalent
(See Supreme Court Decision 2002Da31483 Decided October 25, 2002, and Supreme Court Decision 2009Da97062 Decided March 25, 2010, etc.) B.
(2) The purport of the whole pleadings is as follows: (a) evidence No. 10-1, (b) evidence No. 9, B, 12, 16, and 17, and evidence No. 18-1 and No. 18-2, respectively.