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(영문) 인천지방법원 2019.02.13 2018가단227000
부당이득금
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1. The defendant shall be the plaintiff.

(a) KRW 1,232,438 as well as 5% per annum from January 10, 2019 to February 13, 2019;

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the instant land since before around 2003.

B. A part of the instant land was used as a road on or before around 2003. The Defendant, without undergoing the compensation procedure for land use in around 2003, performed the road packaging work on the instant road, which falls under the current status of the instant land, and thereafter, occupied it up to the day from that time and offered it for public use.

C. The amount equivalent to the rent from June 1, 2013 to December 31, 2018 of the instant road is as follows:

1) The appraised value based on the condition of “pre-sale” of land category (7 months from June 1, 2013 to December 31, 2013) shall be KRW 59,410 for year 2014, KRW 600 for year 2015, KRW 600 for year 2016, KRW 621,40 for year 2017, KRW 621,40 for year 200, KRW 654,860 for year 20, KRW 2018, KRW 2013, KRW 122,686 for year 20 (from June 1, 2013 to December 31, 2013), and the purport of the court’s overall appraisal of KRW 201, KRW 2014 for year 20, KRW 2014 for year 205, KRW 2014 for year 205, KRW 2014 for year 205.

2. The assertion and judgment

A. According to the above facts, the Defendant, from around 203 to the point of view, acquired unjust enrichment equivalent to the rent by occupying and using the instant road owned by the Plaintiff without any legal title. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff unjust enrichment equivalent to the rent from June 1, 2013 to December 31, 2018, which the Plaintiff seeks from January 1, 2019, and from January 1, 2019 to the first day from the date of the Defendant’s possession or use of the instant road, or from the date of the Plaintiff’s acquisition of ownership. (2) The Defendant obtained the Plaintiff’s consent on the free occupancy or use of the instant road from around 2003, and thus, the Defendant is obligated to pay to the Plaintiff unjust enrichment equivalent to the rent.

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