A. The Plaintiff is a housing redevelopment and rearrangement project association that has obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents to implement a housing redevelopment and rearrangement project that sets the Seoul Seongbuk

B. The Defendant is the person who leased and occupied and used the real estate listed in the attached list in the said project implementation district (hereinafter “instant real estate”).

C. On October 4, 2018, the Plaintiff completed the registration of ownership transfer based on land expropriation, as Seoul Northern District Court Decision 71588, which was received on October 4, 2018, and as to the instant real estate, on August 10, 2018.

The Defendant used the instant real estate by October 31, 2018, and the amount equivalent to the monthly rent for the said real estate at the time is KRW 691,800.

[Ground of recognition] Unsatisfy, Gap evidence 1, 7, 8-1 and 2, the result of the appraisal commission to appraiser D by this court, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant continued to use and benefit from the instant real estate even after August 10, 2018, on which the Plaintiff acquired the ownership of the instant real estate, and thus, barring any special circumstance, is obligated to return the unjust enrichment that the Plaintiff acquired.

The amount of unjust enrichment to be returned by the Defendant is calculated as KRW 1,865,016 [The monthly = 691,800 won x 12 months x 82 days (from August 11, 2018 to October 31, 2018, which is sought by the Plaintiff after the date of acquisition of Plaintiff’s ownership].

Therefore, the Defendant’s defense against the Plaintiff regarding the scope of performance obligation from September 3, 2019, following the delivery date of a copy of the application for modification of the claim of this case sought by the Plaintiff, at least 5% per annum prescribed by the Civil Act from September 3, 2019 to December 5, 2019, and 12% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.