1. The defendant shall pay KRW 156,972 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

1. Facts of recognition;

A. On July 10, 2013, the procedure for compulsory auction was commenced as Seoul Central District Court D with respect to the pertinent land and buildings on the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, 231.4 square meters and its ground (hereinafter “instant land”) and the Plaintiff registered the transfer of ownership by winning the instant land and buildings on April 7, 2016.

B. On July 18, 2013, the Defendant leased 114 18.36 m2 (hereinafter “the instant room”) among the instant building from E on a daylight, and completed a move-in report on July 18, 2013.

C. On July 8, 2016, the Defendant retired from the instant room, which was pending in the lawsuit.

[Grounds for recognition] The items or images of Gap evidence Nos. 1, 2, and 5, and the purport of the whole pleadings.

2. Determination

A. According to the facts found in the establishment of the obligation to return unjust enrichment, the Plaintiff is entitled to exclusive use and benefit as the owner of the room in this case. The Defendant occupied the room in this case from April 8, 2016 to July 8, 2016, the date when the Plaintiff acquired ownership, thereby gaining benefit equivalent to the benefits of use, and the Plaintiff suffered loss equivalent to the same amount. Therefore, the Defendant is obligated to return the amount equivalent to the benefits of use as unjust enrichment to the Plaintiff, barring special circumstances.

B. In the case of ordinary scope of return of unjust enrichment, the amount of profit from illegal possession and use of real estate is the amount equivalent to the rent of the real estate.

In calculating the rent of the room of this case, it is possible to calculate the rent by the method of using the estimated interest rate multiplied by the basic price of the room of this case. In this case, it is sufficient to determine the expected interest rate by taking into account the rate of national and public bonds, the long-term loan interest rate of the bank, the general market interest rate, the normal real estate transaction profit rate, the State Property Act and the Local Finance Act, the Land Compensation Evaluation Guidelines, etc.

However, the above circumstances and the relevant laws and regulations are taken into consideration, and the charges for the room of this case are collected.