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1. The Defendant’s KRW 4,150,703 as well as the Plaintiff’s annual rate from December 25, 2013 to August 21, 2015.
Reasons
1. As to the cause of claim
A. (1) On October 26, 2007, the Plaintiff acquired ownership of 192 square meters prior to Ulsan-gu B (hereinafter “instant land”).
(2) Before late 2008, the Defendant, along with the portion of (i) part 71 square meters inside the instant land (hereinafter “the instant land portion”) connected in sequence 1,2,11,9,10,10, and 1 of the attached drawing among the instant land, provided the asphalt packaging to the general public, such as related parties to neighboring companies, neighboring residents, etc., by placing a asphalt-gu road of 899 square meters adjacent to the said land portion (hereinafter “road”).
(3) On December 14, 2012, Nonparty Korea Asset Management Corporation manages the instant land portion, road, etc. since it was entrusted with the management authority according to the “originalization of the management authority of State-owned general property” plan.
(4) The rent for one year from December 18, 2008 of the instant land is KRW 2,796,000 for the rent for one year from December 18, 2009, KRW 2,760,00 for the rent for one year from December 18, 2009, KRW 2,820,00 for the rent for one year from December 18, 201, and KRW 2,880,00 for the rent for one year from December 18, 201.
[Ground of recognition] In the absence of dispute, Gap 1, Eul 2, Eul 1, Eul 2-1, Eul 2-2, the result of the appraiser's survey and appraisal conducted on May 15, 2015, the result of appraiser D's fee appraisal conducted on the spot, the result of this court's on-site verification, the purport of the whole pleadings.
B. According to the above facts, the defendant has a duty to return the profits acquired as unjust enrichment to the plaintiff, barring special circumstances, since he obtained profit equivalent to the rent for the land of this case while using the land of this case and suffered considerable loss to the defendant who is the owner.
The scope of the profits that the Defendant is obliged to return to the Plaintiff is from December 18, 2008 to December 13, 2012, 2012, as the Plaintiff seeks, the Plaintiff has the right to manage the instant land from the date of filing the instant lawsuit to December 13, 2012.