부당이득금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
1. Facts of recognition;
A. Miscellaneous-gu B orchard 1,135 square meters (hereinafter “instant land”) is miscellaneous property owned by the Republic of Korea. The Plaintiff was delegated by the Republic of Korea on January 4, 2005 with the authority to manage and dispose of the instant land and to preserve and collect claims, pursuant to Article 26(1)8 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation, Article 32(3) of the former State Property Act (amended by Act No. 8050, Oct. 4, 2006); Article 33(2) of the former Enforcement Decree of the State Property Act (amended by Presidential Decree No. 18886, Jun. 30, 2005).
B. On April 30, 2003, the building of the Nam-gu Seoul metropolitan area and 557 square meters and the second floor above the land (hereinafter referred to as “intersection building”) adjacent to the instant land owned by D, the former representative of the Defendant, at the auction procedure for real estate rental on April 30, 2003. The Defendant used the dispute building from D for free around that time, and thereafter used it as a church building.
C. The Defendant, from April 30, 2003 to the point of view, without entering into a loan agreement with the Republic of Korea or obtaining permission for use, occupied the portion of 235 square meters in the attached Form (b) as a church marina, access road, etc. among the instant land. Of the instant land, the Defendant is using the portion of 29 square meters in the attached Form (c) as a site for the building in dispute.
Meanwhile, the officially assessed individual land price for the instant land from January 1, 2009 to December 31, 2010 is 128,000/m2.
【In the absence of dispute over the grounds for recognition, Gap evidence Nos. 1-9, 11, 2-3, 3-2, 3-5-1, 5-5-1 to 5, 7-1, Gap evidence No. 6-1 to 3, 9-9-1, Eul evidence Nos. 1 to 6, 1, 2, each video of the evidence Nos. 6-1 to 3, 9-1, 2, the result of the first instance court’s request for the measurement and appraisal of appraiser E, the response following the order of submission of tax information by the first instance court to the chief of the tax office of the port of the first instance, the purport
2. Determination as to the cause of the claim