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1. In accordance with the claim of the principal lawsuit that had been changed to an exchange in this court, the Defendant (Counterclaim Defendant) had the Plaintiff (Counterclaim Defendant) on December 12.
Reasons
1. Basic facts
A. The Defendant owned the hospital building on the land of Daejeon Dong-gu, Daejeon, and used the land E as the parking lot for the above building.
B. The Plaintiff owned the land of Dong-gu Daejeon Special Metropolitan City, Daejeon Special Metropolitan City, and the land of Dong-gu, Daejeon Special Metropolitan City, which are adjacent to the land of Dong-gu, Daejeon Special Metropolitan City.
C. On August 16, 2010, the Defendant: (a) buried waste and waste in the part of 65 square meters at a part on the part on the part of the ship connected in sequence 5, 8, 10, 11, 13, 12, 9, 6, 14, 15, 3, and 5 of the attached drawing among the land of Dong-gu Daejeon-gu Daejeon-gu, Daejeon-gu, and used the land of this case as a parking lot from around that time.
With respect to the instant land, the rent from December 7, 2010 to January 31, 2017 is KRW 11,578,400, and monthly rent from February 1, 2017 is KRW 168,025.
E. On September 22, 2017, the Defendant removed concrete packaging on the instant land and delivered the instant land to the Plaintiff.
[Based on the recognition] Evidence No. 1, Evidence No. 10, Evidence No. 11, Evidence No. 1, Evidence No. 5-2, each photograph image of the first instance court, the result of the survey and appraisal of the first instance court, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. According to the above facts of the determination on the cause of the claim, the Defendant is obligated to pay unjust enrichment equivalent to the rent from December 7, 2010 sought by the Plaintiff to September 22, 2017, which is the date the delivery of the instant land was completed, as it occupied the instant land owned by the Plaintiff without any legal ground and obtained profits for the use of and profit from the parking lot and suffered damages to the Plaintiff.
Therefore, the Defendant is obligated to pay the Plaintiff the sum of KRW 11,578,40, and KRW 168,025 per month calculated by applying the ratio of KRW 1,29,393 [Defendant = 168,025 per month x (7th day 22/30 per month), KRW 12,87,793 (= KRW 11,578,400, KRW 1,299, and KRW 393 per month) from February 7, 2010 to January 31, 2017).
(b).