토지인도 등
1. The Defendant is KRW 143,398 per month from April 23, 2014 to the date on which delivery of each real estate listed in the separate sheet is completed.
On April 23, 2014, the Plaintiff purchased each land listed in the separate sheet (hereinafter referred to as “each land of this case”) in an auction procedure to exercise the security right and completed the registration thereof, and the fact that trees owned by the Defendant were planted on each land of this case is not disputed between the parties.
Therefore, the Defendant, the possessor of each land of this case, is obligated to return unjust enrichment from the possession and use of each land to the Plaintiff, the owner.
In ordinary, the amount of unjust enrichment from the possession and use of real estate is equivalent to that of the rent. According to the result of the appraisal commission with respect to the Japanese appraisal corporation, the court can find that the adequate rent from April 23, 2014 to December 31, 2015 (total 618 days) of each of the instant lands is assessed as total of KRW 2,913,540, and it can be confirmed that the reasonable rent is the same even after the said period.
Therefore, the Defendant is obligated to return to the Plaintiff unjust enrichment calculated by the ratio of KRW 143,398 (=2,913,540) per month from April 23, 2014 to the completion date of delivery of each of the above lands x 365/618 ±12 and less than KRW).
Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.