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1. The defendant shall be the plaintiff.
(a) KRW 84,744,950 as well as 5% per annum from November 1, 2013 to July 4, 2014;
Reasons
1. Facts of recognition;
A. Each real estate listed in the separate sheet was owned by the deceased B, the father of the plaintiff. As the deceased on July 8, 2006, the plaintiff inherited by division of inherited property. On March 11, 2009, the registration of ownership transfer concerning the real estate listed in the separate sheet, and the registration of ownership transfer concerning the second real estate listed in the separate sheet, shall be completed.
B. The Defendant, as the Jeju-do Urban Planning Road, opened, occupied, and used a road on each real estate listed in the separate sheet from around 1976 as a result of the 3th-Class 1 line expansion project as the Do Urban Planning Road, and around 1976, the land category of the attached sheet was the site and the 5th-class real estate listed in the separate sheet was the land category.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 1 (including each number), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, barring any special circumstance, the Defendant, without any legal ground, occupied and used each real estate listed in the separate sheet, thereby gaining profit equivalent to the rent and causing damage to the Plaintiff. Thus, the Plaintiff is obligated to return the profit accrued from October 1, 2008, as sought by the Plaintiff. Furthermore, as long as the Defendant occupied each real estate listed in the separate sheet until the closing date of argument in this case and refused to return the unjust enrichment, the Plaintiff may claim in advance for unjust enrichment from the end of occupation of the Defendant due to the closure of the road of each real estate listed in the separate sheet or from the date of loss of Plaintiff’s ownership. 2) As to this, the Defendant agreed to accept each real estate listed in the separate sheet B and received full payment for compensation, and waived the right to use and benefit from each real estate listed in the separate sheet.
As for the real estate in the attached list 3 through 6, the defendant shall have the net.