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1. The defendant shall be the plaintiff.
A. 381,642 won and 15% per annum for them from December 28, 2016 to the date of complete payment.
Reasons
1. Basic facts
A. On November 23, 2015, the registration of ownership transfer based on sale was completed on the Plaintiff’s name on November 23, 2015 with respect to B forest land B (hereinafter “instant land”).
B. Of the instant land, the part on the ship (b) size 122 square meters (hereinafter “the instant road”) connected in sequence of each point of the attached drawings Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 100 among the instant land is occupied and managed by the Defendant as a road.
C. The rent for the portion of the road in this case is identical to the rent for each annexed period, and the subsequent rent is confirmed to be the same amount as at November 14, 2016.
[Ground of recognition] Uncontentious facts, Gap evidence Nos. 1 and 2, the result of the appraiser C’s survey and appraisal, the result of appraiser D’s rent appraisal, the purport of the whole pleadings
2. According to the facts based on the determination as to the cause of the claim, barring special circumstances, such as the Defendant, who possesses and manages the instant part of the road, has the right to possess the instant part of the road, the Defendant gains profits by occupying and using the instant part of the road owned by the Plaintiff without any legal cause, and thereby causes damage equivalent to the amount of the said damages to the
Therefore, the defendant is obligated to pay unjust enrichment to the plaintiff.
Furthermore, according to the health care unit and the basic facts, as to the scope of unjust enrichment, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from November 24, 2015 to November 14, 2016 (i.e., 402,60 won x 346/365) as unjust enrichment from November 24, 2015 to November 14, 2016, as the Plaintiff seeks.
In addition, the Defendant is deemed unjust enrichment on the instant road portion after November 15, 2016, and the Defendant’s occupation completion date of the instant road portion or the Plaintiff’s ownership from November 15, 2016.