1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasons for the court’s explanation concerning this case are as follows: “The land category was changed from the site to the road” under Section 21 of the judgment of the court of first instance, and the land category was changed from the site to the road, and the Plaintiff’s assertion on the amount of unjust enrichment is as stated in the reasoning of the judgment of the court of first instance, except for addition of the following determination as to the Plaintiff’s assertion on the amount of unjust enrichment, and thus, it is acceptable in accordance with the main sentence of

2. Additional determination as to the scope of unjust enrichment

A. The Plaintiff’s assertion 1) Since the instant land was actually used as a site other than a road at the time when it was incorporated into a road, the basic price of the instant land for calculating unjust enrichment ought to be appraised according to the current status, which is “site.” Preliminaryly, the instant land was actually used for the general public in accordance with the former Public Notice D (Voluntary Urban Planning Treasury Decision) dated April 20, 1967, and completed road construction in accordance with the Urban Planning Improvement Order around August 1976. In addition, it constitutes a scheduled public map under the Land Compensation Guidelines and thus, it should be appraised based on the same standard as “public map” in cases where Article 36(3) of the said Guidelines is applied mutatis mutandis. (2) The expected rate applicable to calculating the rent for the instant land in accordance with the method under the so-called Preliminary Act, which is multiplied with the basic price of the relevant real estate, as the first instance judgment, at least 2%, and at least 3% or 4%.

B. The basic price of the 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, is the form of a road, either occupied or actually required by the road management authority by establishing a road under the Road Act, etc. with respect to the land which the State or a local government actually used for the traffic of the general public from the past.