공작물철거 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasons for the court's reasoning concerning this case are as follows, except for the addition of the following judgments from the third side of the judgment of the court of first instance to four or less: therefore, the court's reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
“The Defendant, even if he is liable to return unjust enrichment to the Defendant, he asserts that the scope of unjust enrichment should be calculated on the basis of 24 square meters occupied by the Defendant, even if he is liable to return unjust enrichment to the Defendant, since he owns only this part of the building 24 square meters on the ground of the instant land. The scope of unjust enrichment should be calculated on the basis of 24 square meters occupied by the Defendant.
(3) The Defendant did not have any other evidence to acknowledge that the Plaintiff occupied and used only 24 square meters of the instant land on the sole basis of each of the descriptions and images of the instant land. Rather, there is no other evidence to acknowledge that the Defendant occupied and used only 24 square meters of the instant land. Rather, the following circumstances, namely, ① the Defendant leased the entire area of the instant land from E, namely, the fact that the instant land was separated from the surrounding land due to surrounded by the steel fence or a temporary building installed by the Defendant, ② the fact that the instant land is used by the Defendant’s surrounded by the steel fence or the instant building, etc.; ③ the fact that the Defendant used the land by means of loading materials, such as scrap metal, while operating the instant land on the instant land. Therefore, the Defendant’s assertion is without merit.
2. If so, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.