부당이득금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
1. The following facts may be found in full view of the following facts: Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 1 and 2 (including branch numbers) and the purport of the entire pleadings as a result of the request for measurement and appraisal to the Korea Cadastral Corporation by the court of first instance.
The Plaintiff: (a) was established around November 1985 and engaged in general apartment and housing construction; (b) on July 6, 1987, the Plaintiff acquired the ownership of 355-15 square meters (hereinafter referred to as “net 1 land”) in Yongsan-gu, Chungcheongnam-dong, 355-15 square meters (hereinafter referred to as “net 1 land”); (c) on November 28, 1988, 475-5 square meters (hereinafter referred to as “net 2 land”); (d) on November 28, 198, 476-2, 198 square meters (hereinafter referred to as “net 3 land”); (d) on November 28, 198, 477-2, 200 square meters (hereinafter referred to as “net 4 land”); and (e) on September 48, 198, 198-4 square meters of the same land (hereinafter referred to as “net 195 square meters”).
B. At around 1989, the Plaintiff completed and sold the “Korea-style apartment” on the ground of Yongsan-gu, Northern-gu, 473-3, 1990, and on the ground of 477 of the same Act around 1990.
(hereinafter referred to as “instant housing construction project”). C.
From 190 to 190, the Defendant occupied and used each of the above lands (hereinafter “each of the above lands”) as a road.
2. Return of unjust enrichment:
A. According to the above facts finding as to the cause of the claim, the defendant is obligated to return unjust enrichment equivalent to the rent for each of the lands of this case to the plaintiff, the owner of each of the lands of this case, by occupying and using each of the lands of this case as a road without any legal ground, and thereby gaining profit equivalent to the rent, and thereby causing damage to the plaintiff. Thus, barring any special circumstance, the defendant is obligated to return
B. The defendant's assertion 1) The defendant asserted that the defendant set up access roads within the apartment complex to meet the conditions for approval of the housing construction project of this case since 1989 and around 1990.