A. On October 10, 2007, the Plaintiff was awarded a successful bid for real estate listed in the separate sheet (hereinafter “instant apartment”) in the procedure of voluntary auction by Seo-gu District Court Seo-gu District Court (Seoul District Court) and completed the registration of ownership transfer on the same day.

B. On March 13, 2013, the Plaintiff sold the instant apartment to D and completed the registration of ownership transfer on April 24, 2013.

C. The defendant had resided in the apartment of this case before the plaintiff acquired ownership, and continued to reside in the apartment of this case until the plaintiff acquired ownership and sold the above apartment to D.

【Facts without dispute over the ground for recognition】 The evidence Nos. 1, 4, 9-1, 2, 2, 3, and the purport of the whole pleadings

2. Determination

A. According to the above facts, barring special circumstances, the defendant is obligated to return unjust enrichment from occupying and using the apartment of this case to the plaintiff, barring special circumstances. 2) Furthermore, we examine the amount of unjust enrichment to be returned to the defendant.

In ordinary cases, the amount of profit from the possession and use of real estate is equivalent to the rent for the real estate. According to the appraiser E’s appraisal result, the Plaintiff’s rent for the apartment of this case for the period of five years and six months from October 10, 2007 until April 23, 2013 (=8,532,00 won 8,616,196,000 won 8,196,190 won 8,228,600 won 5,60,13 won (=86,000 won x66,000 won x66,000 won x60% x6,000 x6,000 x6,000 won x6,000 won x6,000 won x6,000 won x6,000 won x 134/30 days) is recognized as having been determined by the Civil Act as the Plaintiff’s claim against the Plaintiff as to the Plaintiff.