부당이득금
1. The defendant against the plaintiff A,
(a) The ratio of KRW 409,448 as well as the rate of KRW 12% per annum from July 24, 2019 to the date of full payment.
1. Basic facts
A. On April 19, 1965, the Plaintiff A made a registration of preservation of ownership on the real estate listed in paragraph (1) of the attached list (hereinafter “real estate 1”), and the Plaintiff B made a registration of preservation of ownership on December 27, 2006 on the real estate listed in paragraph (2) of the attached list (hereinafter “second real estate”).
B. On March 20, 1992, the amount of 1,217 square meters in Ulsan-gun, Ulsan-gun, is 791 square meters in C, 791 square meters in size, 1, and 191 square meters in size in P, Ulsan-gun.
The first real estate was divided into a road on December 10, 1982 with a 1,217 square meters in the above C 1,217 square meters, and the land category was changed to E, and the second real estate was changed to a road on April 2, 1960.
On March 20, 1992, Ulsan-gun completed the registration of ownership transfer on February 7, 1992 on the ground of the acquisition through consultation.
C. From around the 1990s, the Defendant occupied and managed each of the above real estate by providing it for the general public’s traffic after packing the asphalt 1 and 2 real estate.
With respect to the first real estate, the sum of rent from March 26, 2014 to July 23, 2019 is KRW 409,448, and the rent as of July 2019 is KRW 7,206 per month.
With respect to real estate 2, the sum of rent from March 26, 2014 to July 23, 2019 is KRW 276,600, and the rent as of July 2019 is KRW 5,421 per month.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3 (including paper numbers), Eul 3, Eul 5-1 and 2, and the purport of the whole pleadings.
2. According to the judgment on the cause of the claim, barring any special circumstance, the Defendant, barring any special circumstance, is obligated to return the unjust enrichment equivalent to the rent thereof to the Plaintiffs, as it actually commenced possession as a dominant body by providing road packaging and offering it to the general public for traffic.
If so, the defendant served the plaintiff A with unjust enrichment, and the sum total of 409,448 won from March 26, 2014 to July 23, 2019, and a written application for modification of the purport and cause of the claim of this case.