1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the defendant (appointed party).

The court's explanation of this case by the court of the first instance as to this case is identical to the reasoning of the first instance judgment, except where the court adds a judgment on the defendant's assertion to this court below, and thus, citing this case pursuant to Article 420

In addition, the land indicated in paragraphs 1 through 4 of the attached list of the land of this case is referred to as the defendant's assertion.

The area of the building is a total of 572 square meters, and the floor area of the building indicated in paragraph (5) of the attached Table (hereinafter “instant building”) owned by the Defendant and the Selected C (hereinafter “Defendant, etc.”) is 316.58 square meters. Thus, the part necessary for the Defendant, etc. to own the instant building is 316.58 square meters, which corresponds to the floor area of the instant building among the instant land, and the scope of return of unjust enrichment shall be equivalent to the land rent of the said 316.58 square meters.

Article 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides for statutory interest rates which serve as the basis for calculating the amount of damages resulting from the nonperformance of monetary obligations in cases where a judgment ordering the performance of all or part of monetary liabilities is rendered. Since damages incurred by the possession and use of the land of this case are not merely monetary liabilities, statutory interest rates under the Act on Special Cases Concerning

Judgment

Since the part of the land occupied and used in this case cannot exist regardless of the site according to the social norms, the land which became the site for the building shall be deemed to be possessed by the owner of the building. In this case, even if the owner of the building does not actually occupy the building or its site, it shall be deemed that he occupies the building site for the purpose of owning the building (Supreme Court Decision 2002Da57935 Decided November 13, 2003). Here, the building site is necessary for the use of and profit from the building, taking into account all the circumstances, such as the use, size, etc. of the building, including the land equivalent to the floor area of the building.