1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

The court's explanation on this part of the claim for return of unjust enrichment is the same as the "the occurrence of the claim for return of unjust enrichment" in the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure

The basic price of the land to calculate 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 by the State or the local government for the purpose of calculating the amount of unjust enrichment for the land occupied and used as a road by the State or the local government, shall be appraised according to the current status of the road, i.e., the current status of the road, in cases where the land in question is occupied or used as a road by the road management agency by constructing a road under the Road Act, etc. with respect to the land in fact being used as a road for the general public from the previous time, and in cases where the land is occupied and used as a road by the State or the local government as a de facto controller, it shall be appraised according to the actual state of use at the time of its incorporation, without considering the circumstances incorporated as a road: Provided, That if it is objectively evident that the actual state of use of the land in question is changed to the surrounding land after its incorporation into the road, the price of the changed land shall be assessed and then the amount equivalent to the unjust enrichment shall be calculated based on it.

(See Supreme Court Decision 2001Da60866 delivered on April 12, 2002). In this case, the State or a local government at the time of occupation has determined the existing road as a road route approval and a road zone under the Road Act, or as a result of the implementation of an urban planning project under the Urban Planning Act.