1. The defendant shall be the plaintiff.

(a) KRW 53,309,841 as well as 5% per annum from July 14, 2018 to September 5, 2018; and

1. Determination as to the cause of claim

A. If the purport of the entire pleadings is added to the statements (including each number) in Gap evidence Nos. 1 through 10, the defendant occupies each real estate listed in the separate sheet (hereinafter “instant real estate”) from October 1983 to the present date, and the plaintiff can be recognized as having acquired the ownership of the instant real estate at the auction procedure at the Cheongju District Court C's voluntary auction on December 16, 2016. Thus, the defendant is obligated to return to the plaintiff the benefits acquired by occupying and using the instant real estate without any legal cause.

B. Ordinary profit from the possession and use of real estate is equivalent to the rent of such real estate. According to the appraiser D’s appraisal result, it is confirmed that the rent for the instant real estate is KRW 35,723,586 (won 2,976,966) in total from December 14, 2016 to December 13, 2017, and KRW 14,767,403 in total from December 14, 2017 to May 11, 2018 ( KRW 3,014,598 in total). Since May 11, 2018, it is confirmed that the rent for the instant real estate was KRW 3,014,598 in total, which is the same amount as the rent for the instant real estate.

C. Therefore, the Defendant possessing the instant real estate is liable to the Plaintiff, who is the owner of the instant real estate; ① to the extent of unjust enrichment equivalent to the rent from December 16, 2016 to June 11, 2018, total of 53,309,841 won [=35,527,840 won from December 16, 2016 to December 13, 2017 + KRW 35,723,586 x 363/365 x less than KRW 163/365; and ② to the extent that the Defendant’s obligation to pay damages for delay from May 14, 2017 to May 11, 2018, the Plaintiff’s claim for delivery and delayed payment of 14,767,403 won from May 11, 2018 to June 14, 2018; and further, to the extent of KRW 15,5018.8