Of the lower judgment’s part on the ancillary claims, KRW 404,222,66 among the parts on the ancillary claims, “from March 6, 2010 to July 31, 201.”

The grounds of appeal are examined.

1. Establishment of a claim for return of unjust enrichment (ground of appeal Nos. 1, 2, and 3)

A. Article 19(1) of the Act on Special Measures for the Construction, etc. of National Rental Housing (hereinafter “National Rental Housing Construction Act”) provides that where an industrial complex development project operator newly installs a public facility or installs a facility replacing an existing public facility under subparagraph 13 of Article 2 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), Article 65 of the National Land Planning and Utilization Act shall apply to the attribution thereof, and in this case, the “administrative agency” shall be deemed to be an “industrial complex developer” under this Act.

Article 2 subparag. 13 of the National Land Planning and Utilization Act defines “public facilities” as “road, park, railroad, tap water, and other public facilities prescribed by Presidential Decree.”

Article 65 (1) of the National Land Planning and Utilization Act stipulates that, where a person who has obtained permission for development is an administrative agency, where a person who has obtained such permission installs new public facilities or public facilities replacing existing public facilities, the newly installed public facilities shall gratuitously revert to the management agency to manage such facilities, and the existing public facilities shall gratuitously revert to the person who has obtained such permission for development.

According to the relevant Acts and subordinate statutes at the time of the land survey project under the Japanese colonial Rule, the land category as at the time of the land survey project was surveyed by roads, rivers, ditches, etc. but the lot number was not set, and the land which was registered or not registered on the land cadastre after the investigation of ownership was conducted by the land survey register shall be deemed as the state-owned public property that was used as roads, rivers, ditches, etc. according to the current state at the time. On August 9, 1945, the State-owned property under the Japanese colonial Rule was naturally owned by the government of the Republic of Korea at the time of the establishment of the government of the Republic of Korea and the national inherent title.