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1. The defendant shall be the plaintiff.
A. 20,293,98 and (i) 484,00 won among them shall be from January 1, 2005, from 503,333 won.
Reasons
1. Basic facts
A. The Plaintiff and the network D shared 1/2 shares of Jongno-gu Seoul Metropolitan Government 174.3 square meters, the land before subdivision, as one-half shares. There was a sectionally owned co-ownership relationship by specifying the site of the building owned by each party.
B. On April 21, 2004, the Plaintiff and the deceased D divided the above land before subdivision into the land before subdivision, and the Plaintiff owned the Jongno-gu Seoul Metropolitan Government Jongno-gu Seoul Metropolitan Government M & 87.2 square meters (hereinafter “Plaintiff’s land”) and its ground buildings, and the network D owned the land at Jongno-gu Seoul Jongno-gu E-1 square meters (hereinafter “Defendant’s land”) and its ground buildings.
C. The network D died on September 23, 2009.
The heir has F, G, and H, a spouse, F, G, and H, following the agreement on the division of inherited property on February 16, 2010, the Defendant owned the Defendant’s land and buildings on its own. D.
On the other hand, the plaintiff's land and the defendant's land are in contact with each other, and the defendant owns a building on the ground surface of eight square meters connected to each point of the attached Table 1, 2, 3, 4, and 1 among the plaintiff's land, which is owned by the plaintiff, and the purification tank buried on the ground of 6.4 square meters connected in order of each point of 5, 6, 7, 8, and 5 of the same appraisal drawing, are owned and used jointly with the plaintiff.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, and 9 (including paper numbers), the result of the appraiser I’s cadastral survey, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. According to the above facts, according to the judgment as to the cause of the claim, the Defendant, a sole heir of the network D and the land, owned a building and septic tank on the ground and underground of the Plaintiff’s land, occupied and used the pertinent part of the land, thereby gaining profits from its use, and thereby causing damage equivalent to the Plaintiff’s equivalent amount.
Therefore, barring special circumstances, the defendant is obligated to return this to the plaintiff who is the landowner as unjust enrichment.
B. As to the scope of unjust enrichment and the amount of unjust enrichment