The defendant shall pay to the plaintiff KRW 2,395,084 as well as 5% per annum from March 9, 2021 to March 30, 2021, and from the next day.

1. Facts of recognition;

A. On July 28, 201, the Plaintiff completed the registration of the transfer of ownership in the Plaintiff’s future with respect to the land of 1,005 square meters (hereinafter “instant land”) prior to Sejong Special Self-Governing CityD (hereinafter “instant land”).

B. On November 12, 2001, the Defendant purchased a Sejong Special Self-Governing City E station site on which the boundary between the instant land is adjoining, and operated a gas station on the said land.

(c)

Of the instant land, there were two parts of fences, waterworks, steel-frame pipeline structure, stairs, etc. among the instant facilities operated by the Defendant (hereinafter “instant obstacles”) on the part of 22 square meters in the ship (bbbb) connected each point in sequence with each point of the attached drawings Nos. 1, 16, 17, 18, 19, 20, 11, 12, 13, 14, 15, and 15, among the instant land.

(d)

The Plaintiff initially filed the instant lawsuit against the Defendant seeking the removal of the obstacles of this case, the delivery of the occupied parts of this case, and the return of the unjust profits.

E. On January 31, 2021, the Defendant removed the instant obstacles and delivered the instant occupied part to the Plaintiff.

[Ground for recognition] Unsatisfy, entry of Gap's evidence 1 to 3, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts of recognition that the obligation to return unjust gains occurred, the Defendant, without any legal ground, occupied the part of the possession of the instant land owned by the Plaintiff, thereby gaining profit equivalent to the rent and thereby making the Plaintiff incur damages equivalent to the same amount. Therefore, the Defendant is obligated to return it to the Plaintiff as unjust gains.

B. In ordinary cases, the amount of benefits accrued from the possession and use of the real estate should be the amount equivalent to the rent of the real estate in return for the return of unjust benefits.

In full view of the purport of the argument as a result of the commission of appraisal of fees to appraiser F by the court, the Defendant delivered the occupied portion of the land of this case to the Plaintiff from July 28, 201 to the Plaintiff from July 31, 2021, which was the date of acquiring the Plaintiff’s ownership of the land of this case.