1. In accordance with the expansion of the purport of the claim in the trial, the judgment of the first instance shall be modified as follows:

The defendant, 15.0

1. Facts of recognition;

A. The Plaintiff purchased on March 29, 1979 and completed the registration of ownership transfer on March 30, 197, the Plaintiff purchased a large of 298 square meters and a large of 66 square meters in Seoul, Gangnam-gu N (hereinafter referred to as “all land”) with its lot number indicated.

The Plaintiff sold part of the said land by dividing it, and the remaining three square meters and D large 20 square meters (hereinafter collectively referred to as “each of the instant lands”) left as owned by the Plaintiff.

B. The Defendant had resided in the early 1980s on each of the instant land, and on the JJ 250 square meters on each of the adjoining land, and on the land of 100 square meters, J 250 square meters (hereinafter “instant housing”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, entry of Gap evidence Nos. 1, 2, 3-1 through 3, the result of the measurement and appraisal commission for the soldier's use by this court, the purport of the whole pleadings

2. Determination:

A. According to the facts of determination as to the cause of the return of unjust enrichment (1) as to the cause of the claim, the Defendant recognized that: (a) prior to April 1, 2009, the Plaintiff occupied and used each of the instant land without any legal cause; (b) obtained unjust enrichment equivalent to the rent; and (c) incurred damages equivalent to the same amount to the Plaintiff, the owner, who was the Plaintiff.

The defendant is obligated to return unjust enrichment from possession to the plaintiff.

(2) (A) The defendant's defense to purchase the land of this case was purchased from the plaintiff, and therefore there is no evidence to acknowledge that there was a right to possess the land of this case.

This part of the defendant's defense is without merit.

(B) The Defendant’s defense of prescriptive acquisition is a defense that the Defendant acquired each of the instant land by prescription.

In the 1980s, the defendant continued to occupy each of the lands of this case for not less than 20 years.

However, if it is proved that the possessor does not take an ordinary position or does not take any action that would have been naturally taken by the owner, it is often occupied.