부당이득금
1. The defendant shall be the plaintiff.
(a) 907,503 won and its interest rate of 12% per annum from February 19, 2020 to the date of complete payment.
1. Basic facts
A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).
B. On June 14, 1962, the registration of ownership transfer was completed on the ground of sale on March 20, 1962 in the name of the deceased C (hereinafter “the deceased”). On October 19, 2012, the registration of ownership transfer was completed on May 24, 2006 in the name of the Plaintiff on May 24, 201.
C. On April 29, 1972, the instant real estate was divided into D on April 29, 1972 and changed into E road 96 square meters. On December 1, 1990, the name was changed to F road 96 square meters on December 1, 199.
The instant real estate was incorporated into a road by the Defendant during the period from 1963 to 1965 (Hgate-I entrance) and is currently being used by the Defendant as the Jho Lake Line site.
E. From April 16, 2014 to February 14, 2020, total rent is KRW 907,503, and rent is KRW 12,960 per month from February 15, 2020.
[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2-1, Eul evidence 8, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendant, by occupying and using the real estate of this case as a road, obtains profits equivalent to the rent without any legal cause, and thereby, incurred damages equivalent to the same amount to the plaintiff who is the owner. Thus, barring any special circumstance, the defendant shall pay 907,503 won, which is the amount equivalent to the rent from April 16, 2014 to February 14, 2020, as claimed by the plaintiff, and 12% per annum from February 19, 2020 to the date of complete payment, and damages for delay from February 15, 2020 to February 16, 206, which is the date following the date of delivery of the application for change of the purport of the claim and the cause of the claim, and damages for delay from February 15, 2020 to the date of expiration of the defendant's possession or loss of the plaintiff's ownership.