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1. The defendant shall pay KRW 4,116,738 to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. The costs of the lawsuit.
Reasons
1. Determination as to the cause of claim
A. Comprehensively taking account of the overall purport of the arguments in Gap evidence 2, Eul evidence 2-2, Eul evidence 2-3, Eul evidence 3-2, Eul evidence 10, Eul evidence 11-3-2, Eul evidence 10, Eul evidence 10-3, Eul evidence 3-4, Eul evidence 8-4, Eul evidence 9-1, and Eul evidence 9-2, the land of this case (the land of this case B 1,190 square meters in Jin-si) was divided into three forest land on July 31, 1973, the land category was changed from "forest" to "road," and the remaining land was divided into three three hundred thousand square meters in five square meters in land. Since the land of this case was currently used as access road and parking lot from around 1974 to the neighboring land, the defendant is currently obligated to occupy the land of this case and return the land of this case to the plaintiff, which was established as the access road and parking lot for the adjacent land, and the defendant can return the land of this case to the plaintiff 198.
B. With respect to the amount of unjust enrichment to be returned by the Defendant, the amount of profit from the possession and use of the real estate in ordinary cases is equivalent to the rent of the real estate, and the rent should be assessed according to the current status of the real estate. In full view of evidence Nos. 3, evidence Nos. 8-4, evidence Nos. 8-2, and evidence Nos. 9-1 and 9-2, and the entire purport of pleadings as a result of appraiser G’s appraisal of rent, the entire land of this case includes seven parking lines and most parking lines on the adjacent land. The remainder of the land of this case is the part passing by vehicles to park on the land of this case and its neighboring land. The use of the parking lot of this case from May 26, 2015 to Nov. 20, 2015, which is the closing date of the pleadings of this case from February 26, 2015.