담장철거 등 청구
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) Attached Form 1, 2, 3, 4, 5, out of the area of 324 square meters in a permanent address, shall be indicated in attached Form 1.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is the owner of a D large scale 324 square meters (hereinafter “Plaintiff-owned land”) and a house on its ground at the time of residence, and the Defendant is the owner of E forest land and 115 square meters adjacent to the said land and a house on its ground.
B. The part of the building owned by the Defendant, in sequence 7, 8, 9, 10, 11, and 7, such as the No. 1, 2, 3, 4, 5, 6, and 1 of the Map No. 1, which are part of the building owned by the Defendant, are located on the land owned by the Plaintiff, facing the boundary of the land in the connected part of the cement block No. 1, 8, 9, 10, 11, and 7, such as the No. 1, 8, 1, 2, 3, 4, 5, 6, and 1.
The site occupied by the dispute building of this case is 28 square meters in part of the ship connecting each point of the attached Table 2, 1, 2, 15, 14, 13, 12, 11, 10, 9, 8, 7, 6, and 1 in sequence, in the order of 1, 2, 15, 14, 12, 11, 10, 9, 8, 6,
[Ground of recognition] A without dispute, each entry or video of Gap evidence 1 through 4, the result of the survey and appraisal by the resident office of the Korea Land Information Corporation, the purport of the whole pleadings
2. Determination as to the Plaintiff’s claim for unjust enrichment equivalent to the Plaintiff’s delivery of the building and rent and the Defendant’s assertion
A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to remove the building in question and deliver the land in dispute in question, unless there are special circumstances.
In addition, according to the appraiser F’s appraisal result, the Defendant’s rent from February 10, 201 to December 31, 2018 for purchasing the land in the instant dispute is KRW 19,760, and the monthly rent from January 1, 2019 to January 31, 2019 can be recognized as constituting 3,500.
After that, it is confirmed that the rent is the same amount, and the plaintiff has received the rent of 30,000 won around 2015.
Therefore, the Defendant’s ownership of KRW 173,260 [=19,760 won (per 30,000 won) - 30,00 won] and the Plaintiff’s ownership of the land in the dispute of this case from February 1, 2019.