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1. The Defendant’s KRW 67,488,200 as well as 5% per annum from July 1, 201 to November 24, 201 as to the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 2, 1989, the Plaintiff acquired the ownership of a member C 2,108.2 square meters (hereinafter “C land”) in Ansan-si, Seoul-si, and operates a paid parking lot on the same land.
On March 29, 2004, the Defendant acquired the ownership of the above D large-scale D 2,212.7 square meters (hereinafter “D”) and the above 6th floor building, and operated a hotel in the above building from around that time, and used the land (hereinafter “instant land”) as a passage for the entry into a hotel operated by the Plaintiff, which is a part of the land owned by the Plaintiff C, as a part of the attached drawing(s).
B. From September 2006, the Plaintiff attempted to expand and install a parking lot in C’s land several times to the instant land (hereinafter “instant construction”). The Defendant had concerns that the use of a hotel may cause inconvenience to the Plaintiff, thereby obstructing the said construction by either removing the asphalt constructed by the Plaintiff or occupying the instant land by using the vehicle. The Plaintiff filed an application for provisional injunction against obstruction of construction with the Suwon District Court Decision 2009Kahap118, Jun. 26, 2009.
C. On October 8, 2009, the Plaintiff and the Defendant concluded a lease agreement on the instant land and set forth that it is KRW 2,190,000 per month.
On June 15, 2010, the Plaintiff sent a certificate of content to the Defendant, and notified the Defendant of unjust enrichment equivalent to the rent for the period prior to the conclusion of the said lease agreement, and that the Defendant paid damages due to the obstruction of construction until June 30, 2010. The above content certification reached the Defendant.
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 7 (including each number), and the purport of whole pleading
2. Determination as to the cause of action
A. The plaintiff's assertion 1 is that the defendant, from March 29, 2004 to October 7, 2009, operated the land of this case without any legal ground.