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1. The Plaintiff:
A. Defendant B shall be KRW 1,843,920 and the interest rate of KRW 15% per annum from March 18, 2016 to the date of complete payment.
Reasons
1. Facts of recognition;
A. Since December 27, 2007, the Plaintiff acquired ownership on December 18, 2014 by winning a successful bid through a voluntary auction on the Daejeon Daejeon Seo-gu E, D, and F land, which was owned by Defendant B.
B. During the period from 2009 to 2010, Defendant B began to set up a building listed in the separate sheet (hereinafter “instant building”) on the above ground and completed the registration of initial ownership on January 23, 2015.
C. The Defendant Intervenor C purchased the instant building from Defendant B, and acquired ownership on October 1, 2015.
On January 4, 2016, the Plaintiff registered the provisional disposition prohibiting the disposal of the instant building with the right to claim the removal of the building based on the ownership of the land as the right to be preserved.
E. On March 21, 2016, the lower court completed the registration of ownership transfer on the same day after purchasing the instant building from the Defendant Intervenor C.
F. The area of the foregoing D’s land is 319 square meters, and the area of the instant building is 165.36 square meters (106.32 square meters in a single house and 59.04 square meters in an agricultural warehouse).
The monthly rent as of December 18, 2014, as of December 18, 2014, is KRW 395,240.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 4, Eul evidence 4, the result of the commission of a fee appraisal to the chief of the Chungcheong appraisal corporation, Fladar appraisal corporation, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the claim against Defendant B, since Defendant B owned a building on the Plaintiff’s land and occupied and used the land on the Plaintiff’s land, it should return unjust enrichment therefrom to the Plaintiff.
Therefore, as the Plaintiff seeks, from December 19, 2014 to September 18, 2015, the period from which the Plaintiff acquired the ownership of the said land to September 18, 2015 (204,843,920 won [204,880 won per month 395,240 won x 165.36 square meters / 319 square meters)] x 9 months following the day following the delivery of the application for re-payment as of March 15, 2016.