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1. The defendant shall be the plaintiff.
(a) KRW 6,900,000 and for this, 5% per annum from March 15, 2019 to December 5, 2019;
Reasons
1. In full view of the purport of the pleadings as to the cause of the claim Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 2 (including paper numbers), and the purport of the entire pleadings as to the results of each appraisal commission with respect to Kim Jong-Un, and Eul, the court below acknowledged that the plaintiff completed the registration of ownership transfer on the real estate of this case on March 9, 2007, and that the defendant occupied and managed the real estate of this case by creating reservoirs and embankments from around 1972, before the plaintiff owned the real estate of this case, from January 30, 2014 to January 29, 2019, the sum of the rent of this case from January 30, 2014 to January 30, 2019 is KRW 6.9 million and from January 30, 2019.
Therefore, inasmuch as the Defendant acquired profit equivalent to the above rent by occupying and using the instant real estate and sustained damages from the Plaintiff, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount equivalent to the annual rent of KRW 6,90,000,000 from January 30, 2014 to January 29, 2019 as unjust enrichment of the instant real estate and the amount equivalent to the annual rate of KRW 5,50,000,000 from March 15, 2019 to December 5, 2019, the day following the delivery date of a duplicate of the instant complaint, which is the date of this judgment, as stipulated in the Civil Act, and the annual interest rate of KRW 12% from the next day to the day of full payment. From January 30, 2019 to the date of loss of the Plaintiff’s ownership or the date of expiration of the Defendant’s possession.
2. Judgment on the defendant's assertion
A. The defendant's assertion that the defendant paid the price to the owner at the time of constructing a reservoir on the instant real estate, and the above reservoir was constructed for the benefit of neighboring residents, and the owner of the instant real estate shall be considered to waive ownership in return for his benefit.
The defendant did not raise any objection from the plaintiff from the time of the construction of the above reservoir.