beta
Text
1. The Plaintiff:
A. As to Defendant Smuggling-si 23,096,707 won and 5,806,040 won among them, from August 26, 2017 to 5,972.
Reasons
1. Basic facts
A. One of the lands listed in the separate sheet owned by the Plaintiff is owned and managed by the Defendant Republic of Korea as part of national highways C. The two lands are owned and managed by the State-funded local highway D, and the land in 11 and 14 is part of local highways E, and Defendant Gyeongnam-do occupies and manages it. The land in 3 through 10 is the F site, and the land in 12, 13, 15, and 16 is the land in 3 through 10 is the road and the road.
B. The Plaintiff filed a lawsuit against the Defendants for the return of unjust enrichment obtained by the Defendants by occupying each parcel of land listed in the separate sheet as a result of the Defendants’ occupation and use of each parcel of land without any legal cause. Accordingly, the judgment ordering the Defendants to pay unjust enrichment equivalent to the rent corresponding to the period from August 26, 2010 to August 25, 2016, as sought by the Plaintiff, was rendered final and conclusive as of October 26, 2016.
C. Since August 26, 2016, the amount equivalent to the rent for each period of land listed in the separate sheet shall be as follows:
1) The part of the defendant Kim Jong-nam's possession 2) the part of the defendant's possession in the Republic of Korea 3) the part of the defendant's possession in the Republic of Korea 1 to 18, the result of the request for appraisal to appraiser G by this court, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the facts of recognition as above, Defendant Syang-si: (a) obtained profits equivalent to the rent by occupying and using the land in the attached list Nos. 3 through 10, 12, 13, 15, and 16 from among the land listed in the attached list without any legal ground; and (b) suffered losses equivalent to the rent to the Plaintiff; and (c) Defendant Syang-si suffered losses from the Plaintiff, from August 26, 2016 to May 11, 2020, equivalent to the rent of KRW 23,096,707 from August 26, 2017 to KRW 5,806,040 from August 26, 2017; and (d) KRW 5,972,040 from August 26, 2018 to KRW 6,535,260 from August 26, 2018.