beta
(영문) 수원지방법원 2019.02.15 2018가단12410

건물철거및대지인도등

Text

1. The defendant shall be the plaintiff.

(a) Of the 100 square meters in Suwon-si, the respective points in the attached Form 5, 6, 7, 8, 9, and 5 are indicated in the drawings.

Reasons

1. Facts of recognition;

A. On January 8, 2002, the Plaintiff acquired the ownership of 100 square meters (hereinafter “Plaintiff’s land”). On January 22, 2009, the Plaintiff sold 22/100 shares out of the Plaintiff’s land and owned 78/100 shares of the Plaintiff’s land at present. The Defendant is the owner of the housing constructed on the ground of Suwon-si, Suwon-si, Suwon-si (hereinafter “Defendant’s building”).

B. A part of the Defendant’s building is installed on the part (i) of 14 square meters in a ship connected in order to each point of 5, 6, 7, 8, 9, and 5 of the annexed drawing indicating the Plaintiff’s land.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, each entry of Eul evidence 1, the result of this court's commission of survey and appraisal to appraiser E, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts of recognition as to the request for removal of buildings and delivery of land, since part of the Defendant’s building owned by the Defendant occupied the said part among the Plaintiff’s land (A), the Defendant is obligated to remove the Plaintiff’s land (A) and deliver the said part to the Plaintiff.

B. The judgment on the claim for return of unjust enrichment is based on the Defendant’s possession of part of the Plaintiff’s land, thereby gaining profit equivalent to the land usage profit and causing damages equivalent to the same amount to the Plaintiff. As such, the Defendant is obligated to return the Plaintiff’s use profit as unjust enrichment from March 10, 2014, the date of acquisition of the Defendant’s building ownership, to the date of loss of Plaintiff’s ownership

Furthermore, with respect to the amount of unjust enrichment to be returned by the defendant, the amount of profit from the possession and use of the real estate in ordinary cases is the amount equivalent to the rent of the real estate. According to the result of the court's entrustment of appraisal of rent to appraiser F of this court, the amount of profit from the possession and use of the real estate is about 78/100 of the portion of the land