Where a local government occupies land into a road site without title, the scope of unjust enrichment;

In a case where a local government occupies and uses land owned by another person as a road site without any title, the scope of benefits of a local government as an occupant of land and damages to a landowner shall be equivalent to the amount calculated by deducting the development gains from the rent calculated based on the actual situation at the time of incorporation into a road without considering the circumstances generally incorporated into the road, and even if the landowner was aware that the land was incorporated into a road site at the time of the acquisition of the land and was subject to restrictions on the exercise of private rights, it shall not be deemed as different

Article 741 of the Civil Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Domin-young and 1 other, Counsel for plaintiff-appellant-appellant-appellant-appellant-appellant-appellant-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellant-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellant-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellant-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-

Attorney Kim In-hwan et al., Counsel for defendant-appellee

Suwon-si

Suwon District Court Decision 93Na8631 delivered on February 15, 1994

The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

We examine the grounds of appeal.

According to the reasoning of the judgment below, on February 26, 1975, the court below acknowledged the fact that the defendant occupied and used the land of this case to the present day after changing the land category from the land category to the road on December 15, 1977 at the original city, which was owned by the non-party transfer site, without obtaining authorization for implementation or making compensation for the construction of the second-class 290 line with the length of 22-58 meters at the time of Suwon-si, Suwon-si and the closing point of the same 22-8 degrees, from the land of this case to the road at the original city, which was owned by the non-party transfer site, and the land category of this case was changed from the land category to the road on the above part of the judgment below, and the construction as sewage was executed on the underground, and the plaintiff acquired it on October 27, 1982. The court below held that the plaintiff had a considerable obligation to return the land of this case to the plaintiff without the title of this case.

However, in a case where a local government occupies and uses land owned by another person as a road site without any title, the scope of benefits of a local government as an occupant of land and damages to a landowner shall be equivalent to the amount calculated by deducting the development gains from the rent calculated based on the actual situation at the time of incorporation into a road without considering the circumstances in which land was generally incorporated into a road, and even if it was known that the land was incorporated into a road site and used by a local government at the time of the acquisition of the land, and there is a restriction on the exercise of private rights, it shall not be viewed differently from such circumstances (see, e.g., Supreme Court Decisions 92Da22343, Sep. 22, 1992; 92Da19804, Aug. 24, 1

Therefore, in order for the court below to recognize the amount equivalent to the rent under the condition that the amount of damages suffered by the plaintiff due to the illegal possession of the land portion was limited to the amount of damages caused by the defendant's original land at the time of the defendant's possession of the land in this case, the amount of damages should be calculated after examining whether the land was actually used as the site of the road at the time of the defendant's possession of the land in this case. The court below did not reach this point and determined that the plaintiff's damage caused to the land in this case due to the plaintiff's possession of the land in this case was equivalent to the rent under the condition that the plaintiff acquired the land in this case after a considerable period of time has elapsed since the plaintiff acquired the land in this case's possession of the land in this case at the time of

Therefore, the judgment of the court below is reversed and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Chocheon-sik (Presiding Justice)