1. The defendant's appeal, the plaintiff's incidental appeal, and the plaintiff's claim expanded in this court are all dismissed.

2...

청구원인에 관한 판단 원고의 주장 피고는 2016. 1. 19.부터 2017. 12. 31.까지 원고 소유의 이 사건 토지를 점유하면서 임료 상당의 이익 합계 9,386,051원(= 2016. 1. 19.부터 2016. 12. 31.까지 4,407,011원 2017. 1. 1.부터 2017. 12. 31.까지 4,979,040원)을 얻었고, 2018. 1. 1.부터는 이 사건 토지 중 별지 도면 표시 ㈁ 부분 32㎡, ㈂ 부분 3㎡, ㈃ 부분 33㎡ 및 ㈄ 부분 1㎡(이하 위 각 부분을 ‘이 사건 ㈁ 부분’ 등으로 특정한다)를 점유하면서 매월 임료 상당의 이익 55,225원을 얻고 있다.

Therefore, the defendant claims the return of unjust enrichment equivalent to the above fee.

Judgment

The following facts are as follows: Gap evidence 1, Eul evidence 1 and 2, each statement of the first instance court's appraiser D and E, or there is no dispute between the parties.

According to the following facts, the Defendant is obligated to pay to the Plaintiff the amount equivalent to the rent calculated by the ratio of KRW 26,230 per month from July 25, 2017 to the date of loss of the Plaintiff’s ownership in the instant sub-paragraph (b) or to the end of the Defendant’s possession. As long as the Defendant contests the existence of the obligation to return unjust enrichment, the Plaintiff needs to claim in advance the amount equivalent to the rent to be incurred to the Defendant in the future.

On July 24, 2015, the Plaintiff was sold the instant land in a voluntary auction procedure, and completed the registration of ownership transfer on the instant land on January 19, 2016.

(b) At the time of around 2008, the Defendant: (a) of this case with the consent of F, which was the owner of the land of this case; and (b) of this case, has planted and managed the tree in this case; and (c) of this case

(b) The amount equivalent to the rent from July 25, 2015 to July 24, 2017, as to the instant item (b) (i.e., 305,700 won from July 25, 2015 to July 24, 2017) is 598,80 won (i.e., 305,700 won from July 25, 2015 to July 24, 2016 to 293,100 won from July 25, 2016 to July 24, 2017).