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1. The defendant shall be the plaintiff.
(a) KRW 32,646,00, as well as 20% per annum from March 13, 2015 to September 30, 2015; and
Reasons
1. Facts of recognition;
A. The plaintiff completed the registration of preservation of ownership on June 20, 1970 with respect to forest land 33-1, the head of the Sin-si Sin-si Sin-si Sin-si, the head of the Sin-si Sin-si, and ordered on March 17, 1998
Forest land entered in the port (hereinafter “instant forest land”) was divided.
B. In around 1974, the reservoir was constructed and supplied with agricultural water necessary for the residents' rice sheds. The forest of this case is incorporated into a mos reservoir and bank, and the defendant continues to possess and manage the forest of this case after the above reservoir was constructed.
C. As to the order of this court to submit all documents related to the expropriation of land and compensation at the time of construction in 1974, the defendant did not keep the relevant documents. D.
The rent incurred from March 3, 2010 to March 2, 2015 in relation to the instant forest is KRW 32,646,00, and the monthly rent from March 3, 2015 is KRW 504,00.
[Reasons for Recognition] Uncontentious Facts, Gap 1 to 5 evidence, Eul 1 and 2 evidence (including branch numbers), the result of appraiser A's appraisal, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the defendant gains unjust enrichment equivalent to the rent by occupying the forest of this case owned by the plaintiff without permission.
Therefore, barring any special circumstance, the Plaintiff is obligated to return to the Plaintiff the amount calculated at the rate of KRW 32,646,00 per annum from March 3, 2010 to March 2, 2015, and the next day after the duplicate of the complaint in this case was served on the Defendant, to the day when the copy of the complaint in this case was served on the Defendant, 20% per annum from March 13, 2015 to September 30, 2015, and damages for delay calculated at the rate of KRW 15% per annum from the next day to the day of full payment, and from March 3, 2015 to the day when the Defendant’s possession of the forest in this case was terminated, or from the day when the Plaintiff’s ownership was lost, unjust enrichment calculated at the rate of KRW 504,00 per month from March 3, 2015 to the first day.
(b).