A. Of the size of 89 square meters in Gangnam-gu Seoul Metropolitan Government D, indication 12,11.

A. On August 25, 2016, the Plaintiff (Appointed Party) and the Appointed Party C purchase D D large-89 square meters (hereinafter “instant land”) from Gangnam-gu Seoul Metropolitan Government on August 25, 2016, and completed the registration of ownership transfer as to each of the above land’s 1/2 shares on August 27, 201.

B. On February 28, 1998, the Defendant purchased a F 89 square meters and its ground buildings (hereinafter “instant building”) adjacent to the said land, and purchased the same year.

3. 18. Completion of the registration of ownership transfer.

C. However, the above building is a crime of the instant land. The eavesma portion (the part under paragraph (1) of this Article), the warehouse part is one square meter (the part under paragraph (1) of this Article), the housing part is 12 square meters (the part under paragraph (2) of the same paragraph), the housing part is 12 square meters (the part under paragraph (1) of the same Article), and the concrete packaging part is one square meter (the part under paragraph (1) of the same paragraph).

On the other hand, around August 25, 2016, the monthly rent for the sum of 17 square meters in the area of the above be KRW 207,190,000, around August 25, 2016, by the Plaintiff (Appointed Party) and the Appointed C.

[Ground of recognition] Facts without dispute, entry of Gap 1-3 evidence, result of a request for surveying and appraisal of appraiser G, result of a request for appraisal of fees to appraiser H, the purport of the whole pleadings

2. Determination

A. According to the premise of the determination as to the cause of the claim, the Defendant is obligated to remove each part of 3 square meters (the part under the part under the main sentence of paragraph (1)), 1 square meters (the part under the provision of paragraph (1)), 12 square meters (the part under the provision of paragraph (2)), 12 square meters (the part under the provision of the same paragraph), and 17 square meters (the part under the same paragraph), and 17 square meters (the part under the provision of the same paragraph), which are the part under the provision of the land under the provision of this case, from August 25, 2016 to August 25, 2016 to return unjust enrichment calculated by the ratio of 207,190 won, the monthly rent of each month from August 25, 2016 to the completion date of the delivery.

나. 피고의 항변에 관한 판단 ⑴ 시효취득 여부 ㈎ 피고는 전점유자의 점유를 포함하여 1972. 10. 4.경부터...