1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 13,905,301 as well as on June 3, 2010.

1. Basic facts

A. The Defendant occupied the land in Guro-gu Seoul Metropolitan Government (hereinafter “instant land”) from July 1, 2005 to December 31, 2008 without entering into a loan agreement or obtaining permission for use.

B. The Plaintiff was delegated by the Republic of Korea with the authority to manage and dispose of the instant land and to preserve and collect claims in accordance with Article 26 (1) 8 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation, Article 42 (1) of the State Property Act, and Article 38

(1) From July 1, 2005 to December 31, 2005 to December 31, 2005 (184), 139,200,200 to December 16, 116 to 139,200,240 to December 1, 2006 to December 31, 2006 (365) 1,240,000 to 143,840,840,000 to 143,840,000 to 146,596,000 to 153,596,00 to 200 to 1,207 to 1,390,00,000 to 1,390,000 to 1,416,00 to 1616,40 to 361,208;

C. The calculation rent for the instant land from July 1, 2005 to December 31, 2008 is as follows:

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 8, purport of whole pleadings]

2. Determination as to the cause of claim

A. According to the above facts acknowledged as the right to claim restitution of unjust enrichment, since the defendant occupied the land of this case owned by the Republic of Korea to gain profit without any legal grounds and thereby inflicted damage on the Republic of Korea, it is obligated to return unjust enrichment due to the possession of the land of this case to the plaintiff who is delegated by the Republic of Korea to preserve and collect the land

B. The profits which the State can ordinarily enjoy from the miscellaneous property in the amount of unjust gains are the loan charges in a case where the loan contract is concluded. Therefore, the unjust gains to be returned by the illegal occupant of the miscellaneous property are the loan charges stipulated in the statutes relating to state property, barring special circumstances.