1. The part concerning the claim for unjust enrichment in the instant lawsuit shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

1. Basic facts

A. On February 3, 2015, the Plaintiff acquired the ownership of the instant land.

B. On the ground of the instant land, before the Plaintiff acquired the ownership of the instant land, the instant building owned by the Defendant was constructed.

C. The Plaintiff filed a lawsuit against the Defendant claiming that the Defendant occupied and used the instant land without title (this Court Decision 2015Da719) and sought restitution of unjust enrichment equivalent to the land rent. On November 5, 2015, the said court rendered a ruling of recommending reconciliation that “the Defendant would pay to the Plaintiff the amount calculated by the Plaintiff at the rate of KRW 3,150,000 and KRW 350,000 per month from November 3, 2015 to the date on which the Plaintiff loses ownership of the instant land or the date on which the Defendant loses ownership of the instant building,” and the said ruling became final and conclusive on November 24, 2015.

On April 5, 2018, the Defendant deposited KRW 1,250,000,00 from March 2015 to January 2018, 2018, with the Plaintiff as the principal deposit, the Plaintiff deposited KRW 1,225,00,00 in the name of the land of this case, under the Seo-gu District Court Branch Branch Branch of Seo-gu District Court 2018 Gold and Seo-gu Branch of the District Court as the principal deposit.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. Ex officio determination as to the portion of the instant lawsuit’s claim for unjust enrichment as to the part of the instant lawsuit as to the claim for unjust enrichment has the same effect as the final and conclusive judgment upon establishment of a decision of recommending reconciliation. According to the final and conclusive settlement decision as seen earlier, the Defendant is obligated to pay to the Plaintiff the land rent of KRW 3,150,000 for nine months from February 3, 2015 to November 3, 2015 (=350,000 x 9 months) and the land rent of KRW 350,000 for nine months from November 3, 2015 to the date when the Plaintiff loses ownership of the instant land or the Defendant loses ownership of the instant building. Of the instant lawsuit, the part of the claim for unjust enrichment as to the instant lawsuit bears the obligation to pay the land rent of the Defendant finalized by the said decision of recommending reconciliation.