1. The defendant shall be the plaintiff.

(a) At the time of permanent residence, CJ is handed over to 281 square meters, and cement machines and earth bricks on the ground of the above land.

Facts of recognition

On November 6, 1996, the Plaintiff completed the registration of ownership transfer with respect to C large scale 281 square meters (hereinafter “instant land”).

The Defendant owned, on the ground of the instant land, a cement tank, a house 46.2 square meters, and a house 1st floor, and a soil wall/rest 22.3 square meters (hereinafter “each of the instant buildings”) and occupied and used the instant land as a site.

Meanwhile, the rent for the instant land from March 1, 2017 to February 28, 2018 is KRW 724,980, and the rent from March 1, 2018 to September 28, 2018 is KRW 435,70.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-1, Gap evidence Nos. 2 and 3, the appraisal result of appraiser D's fee appraisal, the removal of buildings, and the recognition of the above claim for delivery of land, the defendant occupies and uses the land of this case without any specific title. The plaintiff as the owner of the land of this case can seek a removal of disturbance against the defendant who occupies the land of this case through each of the buildings of this case. Thus, the defendant has a duty to remove each of the buildings of this case and deliver the land of this case to the plaintiff.

According to the above facts, the defendant, as the disposal authority of each building of this case, occupied and used the land of this case as the site for each building of this case without any specific title, thereby gaining unjust enrichment equivalent to the rent for the land of this case and causing damages equivalent to the plaintiff. Thus, the plaintiff is obligated to return unjust enrichment equivalent to the rent for the land of this case to the plaintiff.

Furthermore, as to the amount of unjust enrichment, health expenses and profits from the possession of land are equivalent to the rent, barring any special circumstance. From March 1, 2017 to February 28, 2018 concerning the instant land, rent is KRW 724,980, and rent is 435,70 for 212 days from March 1, 2018 to September 28, 2018, and thus, as seen earlier, the rent is 435,70.