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1. The Defendant’s KRW 1,921,200 as well as the Plaintiff’s annual rate from July 21, 2015 to August 18, 2015.
Reasons
1. Facts of recognition;
A. On August 29, 2006, the Plaintiff is the owner who completed the registration of ownership transfer on the ground of donation as from No. 12068 to Oct. 15, 1994 with respect to the land of this case, the Daejeon District Court No. 12068 on August 29, 2006, the Plaintiff owned the land of this case as the owner of E forest land of this case, E, 1,671 square meters (hereinafter “the adjoining land of this case”) adjacent to the land of this case, and the Defendant occupied the farmland of 440 square meters demarcated as ditches from August 29, 2006 (hereinafter “the occupied land of this case”).
The Defendant filed the instant lawsuit seeking the delivery of the land occupied by the Plaintiff and unjust enrichment equivalent to the rent thereof, and delivered the land occupied by the Defendant to the Plaintiff around July 2015.
C. Meanwhile, from August 30, 2006 to August 29, 2014, the rent is KRW 1,921,200 for the land occupied in the instant case.
[Ground of recognition] A without dispute, Gap evidence 1 (including paper numbers; hereinafter the same shall apply), Eul evidence 1, Eul evidence 1, 2 and 4, and the result of appraiser F's appraisal of rent, the purport of the whole pleadings
2. Determination on the claim
A. According to the above facts of recognition of unjust enrichment return, the defendant obtained the rent equivalent to the rent for the land occupied by the plaintiff by occupying and using the farmland in this case, which is owned by the plaintiff, after leaving the farmer's house in this case.
Therefore, the defendant, barring any special circumstance, out of the amount equivalent to the rent for the land in this case acquired without any legal ground to the plaintiff from August 30, 2006 to August 29, 2014, the sum of rent of KRW 1,921,200, the plaintiff's claim, and the following day after the plaintiff's delivery of a copy of the application for alteration of the purport of the claim and the cause of the claim to the defendant from July 16, 2015 to August 18, 2015, which is obviously 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.