1. The defendant shall pay the following money to the plaintiff:

(a) 49,701,400 won and its related amounts from December 3, 2016

1. Determination on the cause of the claim

A. (1) On March 10, 2016, the Plaintiff: (a) received the successful bid price for each of the instant real estate in the Suwon District Court C’s voluntary auction procedure for the real estate held by the Defendant (hereinafter “each of the instant real estate”) on the attached list owned by the Defendant; (b) however, the Defendant is operating a kindergarten on each of the instant real estate without ordering the Plaintiff to do so.

(2) Appraiser D of this Court appraised the amount equivalent to the rent for each of the instant real property; KRW 1,311,00 per month for each of the instant real property; KRW 2,745,00 per month for each of the instant real property listed in the attached list; KRW 1,096,00 per month for the third real property listed in the attached list; KRW 4,00 per month for each of the instant real property listed in the attached list; KRW 539,00 per month for each of the instant real property; and KRW 49,701,400 per month for each of the instant real property from March 11, 2016 to December 2, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, result of appraiser D's appraisal of fees, purport of the whole pleadings

B. (1) According to the above facts of recognition, the defendant obtained a profit equivalent to the rent by occupying and using each of the instant real estate without any legal ground, and suffered a loss equivalent to the rent amount to the plaintiff who is the owner of each of the instant real estate. Thus, barring any special circumstance, the defendant is obligated to return to the plaintiff the unjust enrichment equivalent to the rent amount for each of the instant real estate.

(2) Therefore, the Defendant’s 49,701,40 won (i.e., the sum of the rent equivalent for each of the instant real estate from March 11, 2016 to December 2, 2016) and damages for delay by 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from December 3, 2016 to the date of full payment, as the Plaintiff seeks, from March 11, 2016 to December 2, 2016; the amount calculated by multiplying KRW 1,31,00 per month from December 3, 2016 to the date of full delivery of the real estate listed in the separate sheet; and the amount calculated by multiplying KRW 2,745 by the date of full delivery of the real estate listed in the separate sheet.