1. The defendant's KRW 4,609,567 as well as 5% per annum from January 29, 2020 to May 18, 2020 to the plaintiff.

Facts of recognition

On April 23, 2019, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant building”) from E Co., Ltd. on April 23, 201, and completed the registration of ownership transfer on May 13, 2019.

The Defendant occupied the instant building since the moving-in report was made on June 27, 2018.

However, the Plaintiff filed a lawsuit against the Defendant seeking delivery of the instant building as Jeju District Court 2019Kadan4327, and the said court rendered a judgment of accepting the Plaintiff’s claim on January 14, 2020 on the grounds that the Defendant did not have the right to occupy the instant building, and the Defendant delivered the said building to the Plaintiff on January 28, 2020.

The above judgment became final and conclusive around that time.

According to the court's entrustment of appraisal with appraiser F, the monthly rent from March 23, 2020 to March 22, 2021 is assessed as KRW 543,333.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 3, and the purport of the entire pleadings is to determine whether the plaintiff owned the building of this case from May 13, 2019, and the fact that the defendant occupied the building of this case without title from around that time to January 28, 2020.

Therefore, the Defendant obtained unjust enrichment equivalent to the rent of the instant building during the said period, and thereby incurred damages equivalent to the same amount to the Plaintiff.

Therefore, the defendant is obligated to return the above amount of unjust enrichment to the plaintiff.

In regard to the amount of unjust enrichment, as of March 23, 2020, the fact that the rent of the instant building is 543,333 per month is that of the instant building as of March 23, 2020 is as seen earlier, and the rent for the period during which the Defendant occupied the said building is presumed to be the same amount.

Therefore, the Defendant’s unjust enrichment amounting to KRW 4,609,567 (i.e., KRW 543,33 x KRW 543,333 from May 13, 2019 to January 13, 2020 x 15/31 day from January 14, 2020 to January 28, 2020).