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1. The defendant
(a) KRW 10,235,126 as well as 5% per annum from June 23, 2016 to July 21, 2016; and
Reasons
1. Facts of recognition;
A. The Plaintiff completed the registration of ownership transfer on September 15, 1992 and August 11, 2014 with respect to the share of 56/86 among the land in the first land, and completed the registration of ownership transfer on September 12, 1992 with respect to the second land.
B. The Defendant, prior to the Plaintiff’s acquisition of ownership, occupies and manages the portion of 164 square meters indicated in the attached Form 1, which is 164 square meters of land and 13 square meters of “1” portion, for the general public
[Defendant asserts that “A” portion of the above “A” portion was an official package after the instant lawsuit was instituted, and that it was only used as a parking lot for neighboring residents. However, since “A” portion is a self-converted land which is located in the part of “C” which was previously packed by the Defendant, and is deemed to have been used as a parking space for the general public who used the “C” portion as a road prior to the latest packing construction, it is reasonable to view that the Defendant has occupied and managed the portion “A” portion from the previous time. This part of the Defendant’s assertion is rejected).
The Defendant, prior to the Plaintiff’s acquisition of ownership, occupies and manages the portion of 173 square meters in the attached Form 2, which is indicated as a river site, and the portion of 173 square meters in the attached Form 2, as a road site.
2. Determination
A. The Defendant, who incurred unjust enrichment, possesses land in this case as a de facto controlling body. As such, by occupying and using the land in this case, the Defendant gains profits equivalent to the rent without any legal ground, and thereby causes damage to the Plaintiff.
Therefore, as the Plaintiff seeks, the Defendant is obligated to return the amount equivalent to the rent from January 1, 2010 to December 31, 2014, and the amount equivalent to the rent from January 1, 2015 to the date of termination of occupation of the Defendant or the date of loss of the Plaintiff’s ownership, as unjust enrichment.
(b) Land for calculating the amount of unjust enrichment;