부당이득금
1. The defendant shall be the plaintiff.
(a) KRW 107,584,925 as well as 5% per annum from July 9, 2019 to October 17, 2019; and
1. Comprehensively taking account of the purport of the entire pleadings in the statement Nos. 1 and 4, the Plaintiff’s transfer registration for share ownership based on public sale on July 25, 2002 with respect to the share of 3/4 square meters among the 2218 square meters in Gwangju Northern-gu B (hereinafter “instant land”) on August 3, 2002 can be acknowledged as follows: (a) the instant land was packed for asphalt and is being used by the Defendant for the general public for traffic.
According to the above facts, the Defendant, without any legal cause, occupies and manages 3/4 shares of the instant land owned by the Plaintiff as a road site, barring any special circumstance. As such, the Defendant gains profit equivalent to the rent for 3/4 shares out of the instant land and thereby causes damages equivalent to the same amount to the Plaintiff. As such, the Defendant is obligated to return to the Plaintiff unjust enrichment equivalent to the Plaintiff’s rent from December 23, 2015, which was the first day of the occupation of the instant land, from the date when the Plaintiff loses the Plaintiff’s ownership or from the end of the Defendant’s occupation
2. An appraiser within the scope of the duty to return unjust enrichment calculated the amount calculated by multiplying the basic price of the instant land by 3% the expected interest rate, by the unjust enrichment equivalent to the rent for the instant land. The appraiser’s appraisal result can be acknowledged as follows: (a) insofar as the appraisal method, etc. is contrary to the empirical rule or is unreasonable, etc.; and (b) the rent from December 13, 2015 to June 30, 2019 with respect to the third-fourth portion of the instant land is 107,584,925 won in total; and (c) the monthly rent from July 1, 2019 to July 1, 2019 is 2,690,711.
Therefore, with respect to the Plaintiff’s share of 3/4 of the instant land, the Defendant: ① totaling KRW 107,584,925 equivalent to the rent from December 23, 2015 to June 30, 2019; and the Defendant’s application for modification of the claim and cause of the claim in the instant case.