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Of the counterclaims in the judgment of the court of first instance, the following amount shall be ordered to be paid:
Reasons
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, and thus, it is identical to the reasoning of the judgment of the court of first instance, except for the following cases.
2. In the part of the judgment of the court of first instance, "Evidence 6, 7, 10, 11 of the A" in the part of the judgment of the court of first instance Nos. 3, 16 shall be deemed "Evidence 6, 7, 10, 11, 13 of the A".
In the third part of the judgment of the first instance, "the plaintiff is F" in the 17th part of the judgment of the first instance shall be "the defendant is F".
The 6th sentence of the first instance judgment states the following parts as follows:
The gist of the Plaintiff’s assertion 1) argues that the Plaintiff, as a bona fide occupant, has the right to receive negligence pursuant to Articles 197(1) and 201(1) of the Civil Act, and that the Plaintiff does not have a duty to return unjust enrichment equivalent to the rent for the instant real estate until the instant counterclaim is filed pursuant to Article 197(2) of the Civil Act.
2) A possessor of the relevant legal doctrine is presumed to have occupied in good faith, peace, and public performance with his/her own intent (Article 197(1) of the Civil Act). A bona fide possessor shall acquire the fruits of the possession (Article 201(1) of the Civil Act). Meanwhile, the same applies to the negligence arising from the use of real estate. As such, even if a bona fide possessor occupies or uses another person’s real estate without any legal cause and thereby causes damage to it, he/she does not have a duty to return the profits arising from such possession or use even if he/she causes damage to such person (see, e.g., Supreme Court Decisions 81Da233, Sept. 22, 1981; 86Meu196, 1997, Sept. 22, 1987). A bona fide possessor refers to a possessor who acquired the right to receive negligence pursuant to Article 201(1) of the Civil Act, which includes the right to receive such negligence (see, e.g., Supreme Court Decision 2000Da5396.