1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and appeal is the purport of the appeal.

1. Determination on the grounds for appeal

A. As cited by the Defendant, the scope of benefits to be returned by the beneficiary in the return of unjust gains is limited to the scope of damages suffered by the victim, and the loss suffered by the victim is equivalent to the profits that are expected to be ordinarily enjoyed by the victim from the property in question.

However, the state means the state's general property under the current state property law.

Since profits that can be ordinarily accrued from the loan contract is a loan where the loan contract is concluded, unjust gains to be returned by the illegal occupant of the miscellaneous property are the amount equivalent to the loan charges prescribed by the statutes related to state property, barring special circumstances.

(See Supreme Court en banc Decision 2011Da76402 Decided July 16, 2014 (see Supreme Court en banc Decision 2011Da76402, Jul. 16, 2014). Meanwhile, unjust enrichment is “a person who gains profit from another’s property and causes loss to another person” (Article 741 of the Civil Act). A beneficiary is obligated to return the amount of damages and the amount of profit within the lesser scope (see Supreme Court Decision 2012Da200486, May 11, 2017).

(2) In a case where a lessee continued possession of the leased building after the contractual relationship was terminated, and where the lessee did not gain any substantial benefit because he/she failed to use or make a profit from the leased building according to the original purpose of the lease agreement, even if the lessor incurred any loss to the lessor, the lessee does not assume the duty to return unjust enrichment (see, e.g., Supreme Court Decision 98Da8554, Jul. 10, 1998). Even if the existence of an illegal possession did not occur, if there was no special circumstance that there was no benefit equivalent to the rent, or any other income, from the owner of the real estate, the owner of the real estate is the owner of the illegal possession, even if the owner of the real estate is the owner of the real estate.