The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

In the judgment of the first instance.

1. The reasons for admitting the judgment of the court of first instance are as stated in the part of the reasons for the judgment of the court of first instance, which is the same as that for the judgment of the court of first instance, after deducting the following:

2. Additional determination

가. 기대이율 산정 오류 주장에 관한 판단 원고는 피고의 불법점유가 없었더라면 적용하였을 최유효 이용상태를 기준으로 하거나(7∽10%) 적어도 임시적 이용상태를 기준으로(6%) 기대이율을 산정하였어야 함에도, 제1심이 이 사건 부동산에 나지의 기대이율인 3%만을 적용한 것은 잘못이라고 주장하나, 이 사건 부동산에 적용할 기대이율이 6∽10%에 해당함을 인정할 아무런 증거가 없으므로 원고의 위 주장은 이유 없다.

Rather, in calculating the amount of unjust enrichment of land, the expected interest rate that serves as the element is determined by taking into account the national and public interest rate, bank’s long-term loan interest rate, general market interest rate, normal real estate transaction profit rate, loan rate prescribed by the State Property Act and the Local Finance Act (see, e.g., Supreme Court Decision 2002Da31483, Oct. 25, 2002). According to the result of the appraisal commission for appraiser E in the first instance trial (hereinafter “appraisal in the first instance”), the real estate in the second instance is still the real estate in the second instance, and the fact that the appraiser determined the expected interest rate by 3% in consideration of the expected interest rate in accordance with the guidelines for land appraisal established by the Korea Association of Property and Appraisal, and the usage

(A) According to each description of evidence Nos. 26 and 27, the following facts are revealed: (a) the result of the appraisal commission in the Chuncheon District Court 2009Gahap474 case, asserting that the Plaintiff himself/herself is more reliable than the first instance court’s appraisal; and (b) the same 3% expected interest rate as the first instance court’s judgment on the instant real estate.

B. The Plaintiff’s assertion as to the assertion of appraisal is the first instance trial’s appraisal.