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1. On January 1, 2006, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) on the land indicated in the separate sheet.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. The following facts may be found either in dispute between the Parties or in full view of the statements in Gap evidence 1, 5 (including paper numbers), Eul evidence 1, 3, and 4 (including paper numbers), the results of the appraiser B’s survey and appraisal, and the overall purport of the pleadings.
On January 11, 1995, the Plaintiff completed the registration of ownership preservation in the future of the Plaintiff on January 11, 1995 in accordance with the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 4502).
B. The instant reservoir is installed in the instant land, and the construction of the said reservoir was completed in 1944 by the Japanese colonial system and completed in 1945. At present, the Defendant occupied and managed the said reservoir.
2. The assertion and judgment
A. The plaintiff alleged by the parties that the land in this case was owned D, but D succeeded to both E upon the death of May 7, 1915, and upon the death of E on February 6, 1922, F succeeded to it, and F was deceased on September 25, 1973; F was deceased on September 25, 1973; and the registration of ownership preservation was completed in the future of the plaintiff on January 11, 1995 in accordance with the Act on Special Measures for the Registration, etc. of Transfer of Real Estate Ownership; therefore, the owner of the land in this case was the plaintiff, and the defendant bears the duty to return to the plaintiff unjust enrichment equivalent to the rent that was obtained by occupying the above land without authority.
With respect to the amount of unjust enrichment to be returned by the Defendant, the Plaintiff is based on the result of appraiser G’s appraisal of rent. The amount of unjust enrichment equivalent to the rent from March 10, 2008 to October 25, 2013 regarding the instant land is KRW 33,845,00, and the amount of unjust enrichment equivalent to the Plaintiff’s royalty from October 26, 2013 to the date of the Plaintiff’s loss of ownership or the date of the Defendant’s termination of possession is calculated at the rate of KRW 540,00 per month. Thus, the Defendant is the Plaintiff.