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The appeal by the plaintiff and the defendant are dismissed.
Expenses incurred by the plaintiff's appeal are due to the plaintiff's appeal.
Reasons
The reasoning of the judgment of this court, which cited the judgment of the court of first instance, is the same as the reasoning of the judgment of the court of first instance, except where the plaintiff added an additional judgment equivalent to that of paragraph (2) with regard to the assertion emphasized by the plaintiff.
The summary of the Reasons for Appeal for Additional Decision (Plaintiff) (1) since the time when the Defendant acquired a new land connected to the instant land through consultation on January 25, 1995, the instant land began to be used for the passage of the general public.
② Meanwhile, around 1984 to 1988, the Defendant began to possess the instant land in fact by granting a new permit to H, I, etc. abutting on the instant land.
Therefore, the instant land is occupied by the Defendant only on the road only when the land that was not provided for the general public for traffic. As such, the basic price for calculating unjust enrichment on the instant land shall be appraised according to the actual use situation at the time of incorporation into the road.
Judgment
In order 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, the basic price of the land shall be appraised according to the actual condition of the land to be incorporated into the road, without considering the situation in which the land was incorporated into the road, where the State or a local government, by constructing the road pursuant to the Road Act, etc. for the land in which the State or a local government actually used for the traffic of the general public, occupied by the road management authority or performing construction works necessary for the traffic of the general public, and where it actually occupies the road as a controlling body after having been in possession of the road, i.e., the limited condition as the road.