beta
Text
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 500,304 on May 3, 2018.
Reasons
1. Basic facts
A. A. Around November 2013, the Defendant purchased 100 square meters from the Plaintiff’s land north-Gu, North Korea-si, North Korea-si, and the Plaintiff divided the land purchased by the Defendant into E.
B. On February 6, 2014, the Defendant completed the registration of ownership transfer under the name of the Defendant on April 11, 2014 with respect to the land purchased from the Plaintiff, and newly built a detached house on the ground.
C. The Defendant, as the head of the above detached house, has installed a glass and fences (hereinafter “instant glass, etc.”) on the part of “A” on the ground of 32 square meters on the ground of (b) the land in the ship connected with each point of the attached Table 1, 2, 3, 4, 5, 6, 7, 12, and 1, among the land of 214 square meters in Seo-gu, Seo-gu, Seo-gu, the Plaintiff owned by the Plaintiff as the head of the instant detached house, and occupied the instant glass and glass (hereinafter “instant glass, etc.”), and removed the instant glass, etc. on May 2, 2018, during which the instant appellate court continued to possess the instant glass land. The instant glass land was transferred to the Plaintiff.
Meanwhile, the rent for the land in the instant dispute is KRW 318,720 for one year from October 19, 2016 ( KRW 26,560 for each month) and KRW 351,00 for one year from October 19, 2017 ( KRW 28,080 for each month).
[Ground of recognition] A without dispute; Gap evidence Nos. 1 through 4; Eul evidence Nos. 5 and 7 (including paper numbers); the result of a request for surveying and appraisal to the branch offices of the Korea Land Information Corporation in the first instance court; the result of a request for surveying and appraisal to the appraiser F by this court; the purport of the entire pleadings
2. Determination
A. As seen earlier, the existence of the obligation to return unjust enrichment by the Defendant from April 2014 to May 2, 2018 is as follows: (a) the possession of the instant disputing land from April 2014 to May 2, 2018 is identical to the fact that the Defendant occupied the instant disputing land; and (b) barring any special circumstance, the Defendant is equivalent to the rent