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1. The Defendant shall pay to the Plaintiff KRW 697,210 as well as 20% per annum from January 8, 2014 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On August 2, 2002, the Plaintiff purchased 37/329 shares (hereinafter “Plaintiff shares”) out of 37/329 square meters in Seosung-si Co., Ltd. (hereinafter “instant land”) from the Seosung-si Foundation (hereinafter “Nonindicted Foundation”) and completed the registration of ownership transfer on September 19, 2002. Since then, the Plaintiff shares in the instant land were sold to Nonparty D through a voluntary auction on July 16, 2014.
B. From January 5, 2005, the Defendant: (a) from around January 5, 2005, purchased the instant building on the fourth floor near E and F ground (hereinafter “instant building”); (b) possessed and used part 37 square meters in part of the instant building (hereinafter “the part occupied by the Defendant”) connected each point of 7, 8, 9, 10, and 7, of the instant land, as the parking lot for the instant building.
C. From January 5, 2005 to January 4, 2014, the rent for the part occupied by the Defendant out of the instant land is KRW 5,816,840, and the rent from January 5, 2014 to October 8, 2014 is KRW 547,250,00 (=the rent for one year 723,720 x 276/365).
[Ground of recognition] Unsatisfy, Gap evidence 1 to 8, appraiser G, H’s survey and appraisal result, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, the defendant, without title, has occupied the land of this case owned by another person without title, and thus, the defendant has a duty to pay to the plaintiff the amount equivalent to the ratio of the plaintiff's share out of the amount of unjust enrichment equivalent to the rent for the part occupied by the defendant out of the land of this case from January 5, 2005 to July 16, 2014 where the plaintiff lost its ownership.
The plaintiff claims the full amount of rent for the part occupied by the defendant among the land in this case on the premise that the relationship with the non-party foundation is a sectionally co-ownership relationship, but the sectionally owned co-ownership relationship can acquire ownership only to a specific part and exclusively use and benefit from ownership.