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1. The defendant shall pay the plaintiff the following money:
(a) KRW 8,729,760; (b)
Attached Form 1. from October 13, 2016 to Form 1.
Reasons
1. Basic facts
A. On December 21, 1974, the Plaintiff completed the registration of ownership transfer with respect to B 2,565 square meters (hereinafter “instant land”). On March 17, 2005, the Plaintiff completed each registration of ownership transfer with respect to C 1,534 square meters (hereinafter “instant land 2”).
B. Of the instant land No. 1, the Defendant occupies the portion of 81 square meters indicated in the separate sheet as ditches, and the portion of 259 square meters in the portion of 30 square meters as a road. The Defendant occupies the portion of 1,058 square meters in the portion of 1,058 square meters indicated in the separate sheet as a road, and the portion of 360 square meters in the “b” portion and 116 square meters in the portion of 360
C. Where the amount equivalent to rent of 81 square meters and 259 square meters of the portion of the land in this case’s instant land and 81 square meters and 259 square meters has been evaluated as “electric field,” the sum of 3,733,300 won from January 1, 201 to October 12, 2016, and the sum of 54,400 won from October 13, 2016 to 54,400 won from October 13, 2016, and the sum of 1,224,000 won from January 1, 201 to October 12, 2016 and the sum of 1,224,000 won from October 13, 2013 to 18,133 won from October 13, 2016.
In addition, the amount equivalent to the rent for the instant land No. 2 is the sum of 10,526,410 won from January 1, 201 to October 12, 2016, and 150,843 won from October 13, 2016 to the “road” and the “road” from January 12, 2011 to October 12, 2016.
[Ground of recognition] A without dispute, each entry of Gap evidence 1 and 2 (including each number), the result of appraiser D's measurement and appraisal, the result of appraiser E's entrustment of appraisal of rent, the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts of recognition of the obligation to return unjust enrichment, barring any special circumstance, the Defendant is obligated to return the benefits accrued from January 1, 201 to the Plaintiff as the Plaintiff seeks, and further, the Defendant is obligated to return the benefits accrued from January 1, 201, as claimed by the Plaintiff, as it occupied and used the land portion of the instant Claims Nos. 1 and 2 without any legal grounds.