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1. The judgment of the court of first instance is modified as follows.
The Defendant, as the Plaintiff
(a) the real estate listed in the separate sheet;
Reasons
1. Facts of recognition;
A. Pursuant to Article 19 of the Parking Lot Act and the Enforcement Decree of the same Act, the real estate listed in the attached list (hereinafter “instant parking lot”) was installed and used as an attached parking lot for three parcels outside D, non-Gu, No. 1,066.19 square meters and No. 2 of the underground 1,066.98 square meters (hereinafter “instant building”).
B. On June 13, 2013, the Plaintiff purchased the instant parking lot through voluntary auction and completed the registration of ownership transfer on July 4, 2013, and the Defendant purchased the instant building through voluntary auction on January 14, 2015 and completed the registration of ownership transfer on the same day.
C. The instant building is currently operated as a sports club, and the Defendant occupied and used the instant parking lot from January 14, 2015 as an attached parking lot for the instant building.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination
A. (1) According to the above facts, the defendant is obligated to deliver the instant parking lot to the plaintiff, who is the owner of the instant parking lot, except in extenuating circumstances. The defendant gains profit equivalent to the rent by occupying and using the instant parking lot, and the plaintiff suffered loss equivalent to the same amount, and thus, the plaintiff is obligated to return the benefit accrued therefrom to the plaintiff.
Serial 14-1 of January 14, 2015 - 3,807,3207, 317, 277 - January 14, 2016 - January 14, 2016 - 3,960,020 330,002 - January 14, 2017 - 14, 2017 - 193,198,16348,65 10,65 10,65 10,65 10,65 (2) is equivalent to unjust enrichment, and according to the appraisal result of the appraiser E in the first instance trial, it is confirmed that the following amount is the same.
(3) Therefore, the Defendant delivers the instant parking lot to the Plaintiff, and the Plaintiff’s rent that occurred as claimed by the Plaintiff, including KRW 10,965,506, and the Plaintiff’s claim.