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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 8,874,641 and KRW 7,390,949 among them.
Reasons
1. The reasoning for the court’s explanation on this part of the facts of recognition is that “2,967,389 won” of No. 2,96 of the judgment of the court of first instance is “2,967,389 won” of No. 2,96 of the judgment of the court of first instance, and that of the corresponding part, except for the addition of the following in No. 2, 16 of the judgment below, it is identical to the corresponding part. Thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure
D. The Defendant delivered the part of the instant possession to the Plaintiff around November 2016.
2. Determination
A. In full view of the facts acknowledged earlier, in light of the fact that a vinyl exists on the ground of the instant possession, and that the acceptance ruling was made with respect to the said vinyl in the name of the Defendant, the Defendant is holding possession and use of the instant possession portion by installing a vinyl on the ground of the instant possession portion. 2) In this regard, the Defendant asserted that the said vinyl owner is L, not the Defendant, but the said owner of the said vinyl. However, the evidence submitted by the Defendant alone is insufficient to acknowledge that L excluded the Defendant from the Defendant and the said vinyl was solely owned, and there is no other evidence to prove otherwise, the above argument by the Defendant is not accepted (if considering the Defendant’s argument as much as possible, the said vinyl can be deemed as a joint ownership with the Defendant, and in such a case, the said vinyl is an indivisible obligation for return of unjust enrichment. Therefore, barring any special circumstance, the Defendant is obligated to return it to the Plaintiff as unjust enrichment.
3. Furthermore, the amount of unjust enrichment to be returned by the defendant is examined as to the amount of unjust enrichment to be returned by the defendant, and the amount of profit from possession and use of real estate in ordinary cases.