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1. Defendant B shall pay to the Plaintiff KRW 21,412,787 and the interest rate of KRW 15% per annum from August 11, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. On September 16, 2004, the Plaintiff: (a) won at a voluntary auction procedure for the 1,293 square meters (hereinafter “instant site”) prior to the petition-gu, Cheongju-si; and (b) completed the registration of ownership transfer on the 24th of the same month.
B. From December 23, 2002, Defendant B newly constructed and used 54 square meters on the instant land, 195 square meters on the instant land, a light steel framed panel, a panel roof, a single house of single 54 square meters, a steel pipe branch, a single house of single 195 square meters, and a steel pipe pipe, a multi-story animal-related facility of 192 square meters (hereinafter “instant building”). On July 9, 2015, Defendant B sold the instant building to E, and completed the registration of ownership transfer on the instant animal-related facility of which the registry was recorded on the 192 square meters on the 14th of the same month.
C. Defendant C is the legal spouse of Defendant B.
The appropriate rent for the site of this case shall be as follows:
Of 204.09.24 from 2005.23 to 2006.09.23 to 2007.09.23 to 2008.23 from 2009.09.23 to 1,706,760 won from 1,913,68,80 won to 2,120,520 won to 2,520 won from 209.23 to 205, 2011.23 to 209.23, 206 to 34, 207, 205 to 36, 207, 207, 204 to 204, 205 to 36, 207, 205 to 34, 207, 207, 204 to 36, 204, 207, 205 to 238.4, 206
2. Determination as to the claim against the defendant B
A. According to the above facts finding that the obligation to return unjust enrichment occurred, Defendant B had constructed the instant building on the instant site without any authority and occupied and used the instant site without permission. Thus, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff KRW 24,263,480, which is the amount equivalent to the rent for unjust enrichment from September 24, 2004 to July 9, 2015, as requested by the Plaintiff, as well as damages for delay.
B. As to the Defendant B’s defense of extinctive prescription, the extinctive prescription is complete unless it is exercised for three years.