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1.The judgment of the first instance shall be modified as follows:
The Defendant’s indemnity against the Plaintiff on June 11, 2013 1,536.
Reasons
1. Details of the disposition;
A. From around 1992, the Plaintiff occupied and used from around 1992, one hundred and seventy-three square meters of the total area of 608 square meters owned by the Republic of Korea as a warehouse site (hereinafter “instant warehouse site”), and four square meters of the total area of 96 square meters of the C cemetery as an access road (hereinafter “instant access road”).
(2) Of the instant warehouse site and the access road to the instant case, “the instant warehouse site, etc.” is collectively referred to as “the instant warehouse site, etc.”). Meanwhile, 50 square meters out of the Busan Metropolitan Government B site is being used as the housing site (hereinafter “instant housing site”).
B. On April 3, 2009, the Defendant filed a lawsuit against the Plaintiff seeking return of unjust enrichment equivalent to the usage fees of the warehouse site, etc. of this case (hereinafter “related civil lawsuit”) from the Busan District Court Decision 2009Gahap6809, Oct. 13, 2003 (the Defendant, according to the Plaintiff’s defense of extinctive prescription, filed a claim against the Plaintiff from the time when five years elapsed retroactively from the date of the peremptory notice on payment of State property as of October 13, 2008) to the date of the Plaintiff’s occupation or the date of expiration of the ownership of the Republic of Korea.
On June 30, 2010, the above court rendered a judgment of 52,110,00 won to the defendant (i.e., 50,818,200 won, 1,291,800 won, and 1,291,800 won for the period from October 13, 2003 to April 12, 2010; 5% per annum from April 13, 2010 to June 4, 2010; 20% per annum from the following day to the date of full payment; 20% per annum from April 13, 2010 to the date of completion of the plaintiff's possession or loss of ownership in the warehouse site of this case; 30% per annum from April 13, 201 to the date of completion of the warehouse site of this case; 48,00 won per each of the above judgment of 70,000 won per five or more.
The monthly rent period of the warehouse site of this case shall be fixed from October 13, 2003 to October 506, 2004 to 506,900 won from October 12, 2004.