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1. The Defendant’s KRW 100,839,266 for the Plaintiff and KRW 5% per annum from May 13, 2018 to January 30, 2019 for the Plaintiff.
Reasons
Basic Facts
The Plaintiff is a person who, on January 21, 2008, acquired ownership of 2,277 square meters in the Dong-gu Daejeon Special Metropolitan City C forest (the land classification was changed from the forest on August 6, 2009 to the miscellaneous land), 2,152 square meters in the D forest, 4,612 square meters in the E forest, and 19,905 square meters in the F forest.
Before the Plaintiff acquired ownership in each of the above land, the Defendant installed a portion (A) of the land attached Table 1, 2, 3, 4, 11, 90, 91, 91, 92, 93, 94, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 21, and 14, 15, 16, 17, 18, 19, 20, 21, and 35 square meters of the land attached Table 1, and (b) part (A) and 34 square meters of the land attached Table 1, 34, 32, 95, 96, 97, 98, 10, 101, 21, and 30,000 square meters of land and 98,000 square meters of land among the above land.
The relevant provisions concerning the appraisal of the land of this case shall be as shown in attached Form 2.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-1-4, and the plaintiff's assertion of the purport of the whole argument by the parties to the lawsuit is obligated to pay to the plaintiff the total amount of unjust enrichment equivalent to the rent from January 21, 2008 to April 30, 2018, and damages for delay.
The appraisal result of the plaintiff's claim is unfair, and the amount already paid by the defendant to the plaintiff should be deducted as a rent.
Judgment
On January 21, 2008, the judgment on the cause of the claim was examined, the fact that the plaintiff acquired the ownership of the land of this case on January 21, 2008, the fact that the defendant occupied, used, and profited from the land of this case before that time, and the fact that the land category of 2,277 square meters in Daejeon-dong, Daejeon-dong C Forest is changed from August 6, 2008 to miscellaneous land is as seen above.