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1. The Defendant shall pay to the Plaintiff KRW 12,893,540 and the interest rate of KRW 15% per annum from September 16, 2015 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On April 18, 2005, the Plaintiff purchased 1/2 shares of 8,878 square meters in Yangju-si from A and B in Yangju-si, and completed the registration of ownership transfer on May 27, 2005.
Since then, the above land was divided into three parcels as follows:
C 6,748 square meters E 2,127 square meters on October 31, 2012, 2011.10.36, 36,748 square meters on November 10, 2014; 348 square meters E 348 square meters on December 31, 2012
B. The Defendant, around April 18, 2005, opened a road on a square meter of F 1,779 square meters in Yangju-si, Yangju-si, and up to now, manages the area equal to 842 square meters of the above land (hereinafter “instant land”) and occupies it as a road.
C. On September 15, 2015, the Defendant purchased the instant land by consultation from the Plaintiff.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4 (including each number), the purport of the whole pleadings
2. According to the above facts of determination as to the assertion on the cause of claim, the defendant occupied the land of this case owned by the plaintiff without any legal ground and obtained profits equivalent to the rent of the land, thereby causing damage equivalent to the same amount to the plaintiff.
As such, the Plaintiff is obligated to return to the Plaintiff unjust enrichment equivalent to the rent of the instant land from September 12, 2010, to September 15, 2015, for which the Defendant purchased the instant land through consultation.
Furthermore, according to the results of appraisal commission with respect to the scope of unjust enrichment to be returned by the Defendant, the monthly rent of the instant land from April 18, 2010 to April 17, 201, and the annual rent of 242,075 won from April 18, 2011 to April 17, 2012, and the annual rent of 2,904,900 won from April 18, 201 to April 17, 2012, and the annual rent of 2,425,00 won from April 18, 2012 to April 17, 2013, from April 18, 2013 to April 17, 2015; the rent of 2,391,300 won from April 18, 2013 to April 17, 2014; and the rent of 2,501 to April 17, 2015>
Therefore, the defendant is the plaintiff.