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1. The Defendant’s KRW 10,881,00 for the Plaintiff and 5% per annum from June 1, 2018 to August 9, 2018.
Reasons
1. Facts of recognition;
A. On the underground of the land indicated in the attached Table 1 (hereinafter “the part occupied by the Defendant”) among the land indicated in the attached Table 1 (hereinafter “the part occupied by the Defendant”), the Plaintiff acquired ownership on February 15, 2017, the Plaintiff installed public sewage facilities (hereinafter “the instant sewage facilities”) owned by the Defendant, such as the ditch BOX part in the attached Form 4, such as the ditch BOX part.
B. From February 1, 2017 to March 1, 2018, it is ratified that the portion of the instant real estate occupied by the Defendant among the instant real estate is the same amount even after March 1, 2018.
Monthly rent is KRW 702,00 [2](b) part 167,000 (c) part 535,000 (c)].
[Reasons for Recognition] Unsatisfy, each entry of Gap evidence 1 and 9 (including provisional number), the result of this court’s entrustment of appraisal of fees to D appraiser offices, the purport of the whole pleadings
2. Determination on the claim for restitution of unjust enrichment
A. According to the above facts finding as to the cause of the claim, the defendant, without any legal ground, has the duty to install the sewage facilities of this case in the underground space of the part owned by the defendant among the real estate of this case and obtain profits equivalent to the profits from the use of the above underground space, and the plaintiff, its owner, suffered the same amount of damages. Thus, barring special circumstances, the defendant has the duty to return the amount equivalent to the rent from the plaintiff's possession of the part owned by the defendant from the date the plaintiff acquired ownership to the date on which the possession of
Therefore, the Defendant, from February 15, 2017 to May 31, 2018, filed a claim with the Plaintiff for unjust enrichment of KRW 10,881,00 (==351,00 for rent from February 15, 2017 to February 28, 2017 + KRW 10,530,00 for rent from March 1, 2017 to May 31, 2018 (=702,000 】 10,530,000 for rent from February 1, 2017 to May 31, 2018; the Plaintiff sought unjust enrichment from February 1, 2017, the following day of the sales contract, but the Plaintiff sought unjust enrichment from February 1, 2017.