지료 청구
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 2,320,000 and KRW 1,025,862 among them, the Defendant (Counterclaim Defendant) shall have the effect on April 19, 2016.
1. On December 31, 1971, the Plaintiff registered the ownership transfer for shares 961/4531 of each land listed in the separate sheet (hereinafter “each land of this case”, and, separately named each land share), among each land listed in the separate sheet on December 31, 1971. The Defendant completed the registration of ownership transfer for shares 1961/4531 of each land listed in the separate sheet on February 11, 1998. The land listed in the separate sheet is currently registered as co-owner by the Plaintiff (961/4531), Defendant (1961/4531), and Nonparty C (1609/4531). Since the Defendant completed the registration of ownership transfer, the fact that all land of this case, including each land of this case, has been occupied and cultivated by the parties, is not disputed between the parties, or it is recognized that the entire number of pleadings and the purport of each share in the separate sheet are included in the separate sheet (hereinafter the same shall apply).
2. As seen earlier, the Defendant is obligated to return unjust enrichment from the possession and use of each of the instant land owned by the Plaintiff, and barring any special circumstance, the amount of unjust enrichment is the amount equivalent to the relevant real estate rent. According to the result of the court’s entrustment of appraisal, the sum of the rent from March 16, 2006 to March 15, 2016 is KRW 2,062,00, and the amount equivalent to the rent from March 16, 2016 to March 15, 2017 is KRW 258,000.
Therefore, the Defendant: (a) KRW 2,320,00 (=2,062,00 won) and KRW 1,025,862 of the instant land among each of the instant land up to March 15, 2016 [=2,062,00 won = 2,995 square meters x 1207 square meters / 1205 square meters / 1208 square meters / 2,95 square meters / 1208 square meters ; (b), less than KRW 2,95 square meters)] against the Plaintiff; (c) from April 19, 2016 to March 15, 207, the day following the delivery date of a copy of the instant complaint seeking payment.