토지인도
1. The defendant shall be the plaintiff.
A. Of the area of 496 square meters in Gwangju City, each point of the attached Form No. 13, 14, 15, 16, and 13 shall be in order.
1. Facts of recognition;
A. The Plaintiff is the owner of the CJ 496 square meters in Gwangju City (hereinafter “instant real estate”), and the Defendant is the owner of adjacent land and a house on land.
B. Since February 6, 2018, the Defendant occupied and used part (A) of 80 square meters in the ship connected each point of the attached Form Nos. 1, 2, 3, 12, 11, and 1 among the instant real estate (hereinafter “the part occupied by the Defendant”). The Defendant installed a septic tank used by the Defendant on the ground of the part (C) of 3 square meters in the ship connected each point of 13, 14, 15, 16, and 13 square meters in sequence of the attached Form No. 13, 13, 14, 16, and 13
C. The rent for the portion occupied by the Defendant was KRW 74,400 per month during one year from February 6, 2018, and was KRW 78,000 per month after February 6, 2019.
[Reasons for Recognition] The fact that there is no dispute, the results of each appraisal by the appraiser, the Gwangju branch of the Korea Land Information Corporation and appraiser D, the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to remove the septic tanks installed in the part of the defendant's possession of the defendant of this case and deliver the part of the defendant's possession of this case. The defendant is obligated to return unjust enrichment from the use of and profit from the part of the defendant's possession of this case.
Therefore, as to the scope of unjust enrichment, the rent of the relevant part was KRW 74,400 per month from February 6, 2018, and the facts constituting 78,00 per month from February 6, 2019 are as seen earlier. As such, the Defendant sought payment from the Plaintiff at the rate of 1,828,800 per annum from February 5, 2020 to February 5, 2020 as to the sum of rent of KRW 1,828,80 (=74,400 x 12 months x 12 months x 12 months x 12 months) and the following day after the date of delivery of a copy of the application for change of the purport of the claim of this case and the cause of the claim of this case (the Plaintiff claimed for late payment from February 6, 2020, but the claim of this part is without merit) to the date of full payment.