부당이득금
1. The defendant shall be the plaintiff.
(a) KRW 378,400 and 5% per annum from May 26, 2016 to July 20, 2016; and
1. Basic facts
A. On March 4, 1991, the Plaintiff completed the registration of initial ownership relating to the land of 85984m2, Gangwon-do Seocheon-gun B forest land (hereinafter “the instant land”).
B. Since before 2009, the Defendant installed a military unit low temperature warehouse building, etc. and occupied and used the part of the land “A” (hereinafter “the occupied part”) on the land connected with each point of the attached Form No. 21, 22, 23, 24, 25, 26, 18, 19, 20, 20, and 21 in sequence, among the instant land.
C. The sum of the amount equivalent to the rent for the occupied portion of the instant land from March 19, 2010 to April 15, 2016 is KRW 378,400, and the amount equivalent to the rent after April 16, 2016 is confirmed to be KRW 6,130 per month.
[Ground of recognition] Facts without dispute, Gap 1's statement, result of an entrustment of appraisal by appraiser C with appraisal by appraiser C, result of an entrustment of appraisal by appraiser D, purport of whole pleadings
2. According to the above facts of determination, the defendant obtained profits equivalent to the profits from the use of the part of the land in this case owned by the plaintiff and suffered losses to the plaintiff, barring any special circumstance, the defendant is obligated to pay to the plaintiff ① to the plaintiff the amount of 378,400 won due to the return of unjust enrichment from the portion of the land in this case, and the amount of money calculated at the rate of 5% per annum as stipulated in the Civil Act from May 26, 2016 to July 20, 2016, the day following the delivery of the application for the change of the purport of the claim and the cause of the claim from May 24, 2016 to the day of the judgment, and the amount of delay damages calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, ② from April 16, 2016 to the day of loss of the plaintiff's ownership or the date of the defendant's possession.
3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning.