부당이득금
1. The defendant shall be the plaintiff.
(a) 1,308,930 won and 15% per annum with respect thereto from December 19, 2018 to the date of complete payment.
1. Basic facts
A. On July 10, 2017, the Plaintiff acquired ownership on the ground of a sale by compulsory auction on July 10, 2017, for the land category of B road 90 square meters in Jeju-si (divided from D on May 26, 1982 and in orchard on the same day to a road) and E road 843 square meters in size (divided from F on May 26, 1982, to a road before the same day).
B. Each real estate of this case is classified as a site for a road expansion project implemented as a part of a Saemaul project around 1981, and the defendant occupies and manages it as a road from around that time to now, and provides it to the general public for traffic.
C. The rent for each real estate of this case from the date of acquiring the Plaintiff’s ownership to May 10, 2018, for which the Plaintiff seeks from the date of acquiring the Plaintiff’s ownership, is as follows:
(The rent from May 11, 2018 to May 11, 2018 for each of the above real property is KRW 131,400 per month.
B [Ground of Recognition] Unsatisfy, entry (including serial number) in Gap evidence 1 to 4, the result of the commission of appraisal of rent to appraiser G by this court, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts, the defendant is obligated to return the profits since he used each of the instant real estate as a road site without any legal ground, thereby gaining a profit equivalent to the rent, and the plaintiff suffered a loss equivalent to the same amount.
Therefore, the Defendant is obligated to pay to the Plaintiff 1,308,930 won in total with unjust enrichment from July 12, 2017 to May 10, 2018, as well as damages for delay at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from December 19, 2018 to the date of complete payment, and from May 11, 2018 to the date of loss of the Plaintiff’s ownership of each of the instant real estate or termination of the Defendant’s road occupation due to the closure of the road.
B. The defendant is each of the instant cases.