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1. From January 14, 2015 to the Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) is not more than 73 square meters in Seongbuk-gu Seoul Metropolitan Government C large 9 square meters.
Reasons
1. Facts of recognition;
A. On January 14, 2011, the Plaintiff is a co-owner who purchased ownership by purchasing 10/15 shares of Seongbuk-gu Seoul Metropolitan Government C large 9 square meters (hereinafter “instant land”) from a limited liability company.
B. From February 25, 1993, the Defendant owned a building indicated in the attached sheet (hereinafter “instant building”) constructed on the instant land from February 25, 1993, and 73 square meters out of the instant land (hereinafter “instant site”) are used as the site for the instant building.
C. On September 16, 2003, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff by setting the lease deposit of KRW 30,000,000, monthly rent of KRW 500,000 (excluding KRW 50,000), and the period of September 16, 2005 (hereinafter “instant lease agreement”), and thereafter, the said lease agreement was renewed until now.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 2 and 10 (including the serial number), the result of the survey and appraisal by the Korea Cadastral Survey Corporation, the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff Defendant occupied and used the instant site without permission as the site for the instant building, it is obligated to return the rent equivalent to unjust enrichment. The amount of unjust enrichment is 24,473,250 won (8,048,250 won, 8,179,650 won, 8,245,350 won, and 687,112 won per month from January 14, 201 to January 13, 2014, which the Plaintiff acquired co-ownership shares in the instant land.
However, from January 201 to December 2013, 2013, the Plaintiff paid the Defendant a rent of KRW 18,000,000 under the instant lease agreement. As such, the Defendant is obligated to return the claim amount, such as the remaining amount set off from the above unjust enrichment, KRW 6,473,250 ( KRW 24,473,250 - KRW 18,000,000) and the delay damages therefor, as the principal lawsuit.
B. Defendant Plaintiff