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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 39,597,00 and KRW 25,959,60 among them.
Reasons
1. The court's explanation on this part of the basic facts is the same as the judgment of the court of the first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the cause of action
A. According to the facts of recognition of the obligation to return unjust enrichment, the Defendant owned the instant building without any legal ground, and occupied the Plaintiff’s share in the instant land without obtaining profit equivalent to the rent, and suffered loss equivalent to the same amount from the Plaintiff. Therefore, the Defendant is obligated to return unjust enrichment to the Plaintiff.
B. Even in cases where the appraisal opinion on the scope of unjust enrichment is not necessarily withdrawn from a lawsuit by means of an expert witness examination under the Civil Procedure Act, and a document stating the appraisal opinion prepared by a person with professional knowledge and experience outside the lawsuit is submitted by means of documentary evidence, the fact-finding court does not recognize it as reasonable and trust and it is unlawful to use it as materials for fact-finding (see, e.g., Supreme Court Decision 91Da44674, Apr. 10, 192). However, the original appraisal is in principle entrusted to a public institution, school, other organization with considerable facilities, or other authoritative institution, such as a foreign public institution, where it is deemed that it is necessary to take an oath after designating a person with knowledge and experience as an expert witness to supplement the knowledge and experience of the judge, or where it
(See Supreme Court Decision 2010Da62222 Decided May 13, 2010). In this case, since a party entrusted an appraiser C with an appraisal in a party trial, the amount of unjust enrichment ought to be calculated based on the result of a request made to appraiser C by the appraiser C.
The amount of unjust enrichment equivalent to the rent for the plaintiff's share shall be as follows in full view of the purport of the whole pleadings as a result of the request for appraisal by the court of the trial against C.
The plaintiff's purport of the claim is one year from September 28, 2006 to one year.