1. The defendant shall be the plaintiff.

(a) 83,260 won and the rate of 15% per annum from September 22, 2016 to the date of complete payment.

1. Basic facts

A. On May 27, 2010, the registration of transfer of ownership was completed on May 27, 2010 with respect to B-road 122 square meters (hereinafter “instant land”) on the land located in Gangwon-do, Seoul Special Metropolitan City (hereinafter “instant land”).

B. Of the instant land, the portion of (i) part 93 square meters in the ship connected in sequence 3, 4, 5, 6, 7, 8, 9, and 3 of the attached drawings among the instant land (hereinafter “instant road”) is being used as a road, and the Defendant around 1972 performed concrete packaging works in the above part.

C. The rent of the instant land is as indicated in the rent by the annexed period, and the subsequent rent is confirmed to be the same amount as at July 28, 2016.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 6, 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 department, and the basic facts, as to the scope of unjust enrichment, the Defendant’s filing of the instant lawsuit to the Plaintiff from February 3, 2011 to August 28, 2016, five years prior to the filing date of the instant lawsuit (i.e., the sum of the rent for the instant land from February 3, 2011 to July 28, 2016 x KRW 1,137,700 x 93/122 x below KRW 16,00,000 x below KRW 16,000 x below KRW 93/122 ; hereinafter the same). Accordingly, the Defendant calculated the annual rate of 15% as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 22, 2016 to the day following the day of complete payment of the copy of the written application for the instant lawsuit.