A. The land of Bupyeong-gu Incheon Metropolitan City is 284m2, D large 436m2 and E land for a factory.

A. On January 15, 2015, the Plaintiff completed the registration of ownership transfer on the land for factory E-gu, Bupyeong-gu, Incheon (hereinafter “instant land”).

On January 18, 1995, the Defendant newly constructed and owned the 4th floor building of reinforced concrete structure built on the Incheon Bupyeong-gu C and D ground adjacent to the instant land (hereinafter “instant building”).

나. 피고는 이 사건 토지 중 별지 도면 표시 21, 20, 19, 18, 17, 16, 15, 14, 23, 22, 21의 각 점을 차례로 연결한 선내 ㈏ 부분(이하 ‘피고 점유 부분’이라 한다)을 점유하고 있고, 이 사건 토지 중 피고 점유 부분의 2015. 1. 15.부터 2017. 2. 20.까지의 차임 합계는 4,575,000원이며, 2017. 1. 20.경 차임은 월 184,000원이다.

[Ground of recognition] Uncontentious facts, Gap's statements in Gap's evidence 1 to 5, the result of the appraiser F's measurement and appraisal, the result of appraiser G's appraisal of rent, the purport of the whole pleadings

2. Determination

A. The summary of the plaintiff's assertion 1) The part of the building in this case owned by the defendant in this case, which was owned by the plaintiff, was invaded by the part of the defendant's possession among the land in this case owned by the plaintiff. The defendant removed the part of the building in this case owned by the defendant, and delivered the part of the part occupied by the defendant to the plaintiff. Since the defendant obtained profit equivalent to the rent of the defendant by occupying the part occupied by the defendant and suffered damage equivalent to the plaintiff, the defendant must return to the plaintiff unjust enrichment equivalent to the above rent. 2) The plaintiff himself installed pents and fences on the land in this case. Since the defendant used the part occupied by the defendant outside the pents and fences installed by the plaintiff, it is unreasonable to seek removal, delivery, and return of unjust enrichment since the defendant occupied the part occupied by the defendant by setting the bicycle or waste, it is not reasonable to remove or transfer the part occupied by the defendant, and it