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. In the first instance court, the Plaintiff filed a claim for restitution of unjust enrichment on the land No. 1 and No. 2. The first instance court dismissed the claim on the land No. 1 and accepted the claim on the land No. 2.

The plaintiff filed an appeal only for the portion of land 1, which is subject to the judgment of this court is limited to the portion of the claim for restitution of unjust enrichment against land 1.

2. The reasoning of the judgment of this court for the acceptance of the judgment of the court of first instance is as follows, except for the addition of the following 3. additional determination as to the assertion that the plaintiff added to this court, and therefore, it is identical to the reasoning of the part concerning the land No. 1 among the reasons for the judgment of the court of first instance. Thus, it is acceptable

3. The plaintiff asserts that the deceased may not be deemed to have renounced his exclusive right to use and benefit from the land No. 1 for the following reasons.

The land 1 was designated as a road site by the Seoul Special Metropolitan City Public NotificationJ on January 18, 1969, and the deceased applied for land division on November 15, 1979 by the end of the head of the finance division of Seongdong-gu Office.

According to the statement of No. 4, Eul evidence, and the result of the response of the order to submit documents against the defendant of the party deliberation, urban planning with the land of No. 1 as a road site was prepared on Aug. 27, 1993 by the Seoul Special Metropolitan City public notice on Aug. 27, 1993, and the above public notice was re-public notice to supplement the public notice of the matters determined and publicly notified by the Seoul Special Metropolitan City public notice on Jan. 18, 1969, and the fact that the director of the Seongdong-gu Office requested the head of the construction division of Seongdong-gu Office to request the change of the land category of the land of No. 1 to the road at the time of dividing the land

However, the circumstances recognized by the first instance court are as follows; the first land is located at the edge of the land before subdivision; the area is only 1.54% of the total area of the land before subdivision; and ② the deceased or the Plaintiff’s land is provided as a road without compensation.