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1. The Defendant’s KRW 834,920 as well as the Plaintiff’s annual rate from August 9, 2016 to November 1, 2016.
Reasons
1. Basic facts
A. On February 21, 2013, the Plaintiff completed the registration of ownership transfer based on inheritance by consultation and division on August 6, 2009 with respect to B-road B (hereinafter “instant land”).
B. The instant land is occupied and managed by the Defendant, as it was used as a road offered for public passage through the general public in the state of cement packaging since before 2011.
【Ground of recognition】 Facts without dispute, entries in Gap evidence 1 through 3, or purport of whole pleadings
2. According to the above facts of determination as to the cause of claim, as long as the Defendant as the possessor of the instant land did not assert or prove the existence of the source of possession right as the owner of the instant land, he/she is obligated to return to the Plaintiff, who is the owner of the instant land, profits from the possession and use of the instant land from January 9, 2011 to the expiration date of occupation of the Defendant or the date of loss of the Plaintiff’s ownership.
3. The defendant's argument regarding the defendant's assertion is that since the plaintiff renounced exclusive and exclusive rights to use and benefit from the land of this case after acquiring the ownership of the land of this case and without raising any objection to the use of the road of this case, the plaintiff's claim of this case is unjustifiable. However, there is no evidence to prove that the plaintiff renounced exclusive and exclusive rights to use and benefit from the land of this case. Thus, the other defendant's argument is without merit.
4. Scope of unjust gains;
(a) In ordinary cases, the amount of profit from occupation and use of real estate is equivalent to the rent of such real estate, and the basic price of land in order to calculate the amount of unjust enrichment equivalent to the rent of land occupied and used by a local government as a road, which is the land which a local government has previously been actually officially used for the traffic of the general public.