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1. The Defendant calculated the Plaintiff at the rate of KRW 40,237,907 and the annual rate of KRW 20 per annum from August 29, 2014 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the land listed in the separate sheet (the instant land).
B. From around 1988 to around 1992, the Defendant performed a construction work to create a C reservoir to secure agricultural water in Incheon-gun B. The instant land is incorporated into a C reservoir and sets water out until now.
C. The rent for the instant land is as follows.
① From September 11, 2008 to September 10, 2009 (2) KRW 6,893,880 on September 11, 2009 to October 10, 201, ③ From September 11, 2010 to September 11, 201, KRW 7,140,090 (4) April 11, 201 to September 10, 201; 3,893,80 won on September 11, 201 to October 10, 201; 3,5 or 80 won on September 11, 201 to September 201; 6, 893,80 won on September 6, 201 to September 8, 201; 6,80 won on September 8, 2013 to 80 won on September 6, 2013; 6,80 won on September 14, 20197
2. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the amount calculated by applying the rate of 20% per annum from September 11, 2008 to June 12, 2014, and from August 29, 2014 to the day of full payment, the following day after the date of this decision, to the day of the return of unjust enrichment obtained by occupying the instant land from the Plaintiff, barring any special circumstance. Thus, the Defendant is obligated to pay unjust enrichment calculated at the rate of 574,490 won per annum from June 13, 2014 to the time of the Defendant’s loss of possession or the time of the Plaintiff’s loss of ownership.
3. On the part of the defendant's assertion, the defendant asserts to the effect that since the land owner's deposit the land compensation since it was not confirmed as to the land of this case, the defendant lawfully occupied the land of this case.
According to the evidence evidence Nos. 1, 2 and 3, the defendant stated on February 23, 1995, 2 and 3 land.