부당이득금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On April 18, 1983, the Selection completed the registration of ownership transfer on the ground of sale on April 7, 1983, with respect to the share of 244/44 square meters (hereinafter “instant land”) of 43 square meters in Gyeonggi-gun, Gyeonggi-do (hereinafter “instant land”).
E, May 13, 1989, completed the registration of ownership transfer due to sale on May 9, 1989, with respect to the share of 13/446 of the land of this case.
The plaintiff completed the registration of ownership transfer on March 14, 2005 due to sale on March 14, 2005 with respect to the share of 189/446 of the land of this case.
B. On December 23, 2004, the Defendant completed the registration of ownership transfer on the ground of sale on October 4, 2004 with respect to the building on the ground of Gyeonggi-gun F Ground Building adjacent to the instant land (hereinafter “Defendant-owned building”). around December 2004, the Defendant installed a boiler room for the Defendant-owned building on the instant land, and removed part of the said boiler room around November 2017.
In addition, from December 2004, the Defendant cultivated crops such as drilling and wave on the instant land from around December 2004.
C. The sum of annual rents from March 1, 2007 to February 28, 2018 (i.e., 717,154 + 746,480 + 718,487 + 734,483 + 763,814 + 767,808 + 787,803 + 849,121 + 875,781 + 903,774 + 950,429 + 950,429 + 950,429) won, and the sum of rents from March 1, 2018 to October 4, 2018 (218 days) is KRW 585,564.
The Defendant purchased 13/446 of the instant land from E on May 24, 2018, and completed the registration of ownership transfer on July 10, 2018.
[Ground of recognition] A without dispute, Gap evidence 1, 2, Eul evidence 2 and 10, Eul evidence 6, part of Eul evidence 6, the result of the appraisal commission to G of the first instance court, the purport of the whole pleadings
2. The assertion;
A. The Plaintiff’s assertion that the Defendant occupied and used the instant land without any authority. As such, the Defendant returned unjust enrichment equivalent to rent from March 1, 2007 to July 10, 2018, on which the Defendant acquired a part of the instant land from March 1, 2007.