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1. The defendant shall be the plaintiff.
(a)payment of KRW 8,154,820;
(b) from August 23, 2013 to paragraph 1 of the Schedule.
Reasons
1. Facts of recognition;
A. On October 9, 2007, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”), and completed the registration of ownership transfer with respect to the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant land”) on October 19, 207.
B. The Defendant is occupying and using each of the instant land as a passage to the general public before the Plaintiff completed the registration of ownership transfer and the registration of ownership preservation.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the defendant provided each of the land of this case as a passage to the general public for the purpose of occupation and use, thereby gaining profits without any legal grounds and causing damages to the plaintiff. Thus, barring any special circumstance, the defendant is obligated to return unjust enrichment from the possession and use of the land of this case to the plaintiff.
Furthermore, examining the amount of unjust enrichment to be returned by the Defendant, the amount of profit from the possession and use of the pertinent land is the amount equivalent to the rent for the said real estate, barring special circumstances. According to the appraiser B’s appraisal result, the sum of the rent for the instant land is KRW 4,576,90 from October 19, 207 to August 22, 2013. The sum of rent for the instant two land is KRW 3,577,920; the sum of rent for the instant land is KRW 72,160 as of August 22, 2013; the monthly rent for the instant two land is KRW 60,130 as of August 22, 201; the monthly rent for the instant land is 60,130 as of August 13, 207; and thereafter, it is confirmed that the Plaintiff had the same amount of rent for the said land from October 19, 2007 to August 22, 2013.