손해배상
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On August 10, 200, the Plaintiff, including the Defendant’s large-scale repair of housing, and the Defendant’s erosion of neighboring land, inherited the Plaintiff’s housing of 215.8 square meters in Yansan-gu, Yancheon-gu and 15.8 square meters on its ground, and completed the registration of ownership transfer on October 4, 200.
On May 23, 2008, the Defendant purchased cement and coagumary 178.5 square meters adjacent to the Plaintiff’s land and cement and coagum 43.63 square meters (hereinafter “Defendant’s land and “Defendant’s housing”) and completed the registration of ownership transfer on June 12, 2008.
After that, the Defendant received subsidies of KRW 38,000,000, including hanok repair, from the Jeonju City while substantial repair of the Defendant’s housing, on the one hand, the roof 0.6 square meters of the Defendant’s housing unit intrudes the Plaintiff’s land.
On September 2, 2008 and October 14, 2008, upon the Plaintiff’s filing of a civil petition, the Defendant received a corrective order to restore the land to its original state on the grounds of unauthorized reconstruction, and submitted a report on large-scale repair, etc. on December 22, 2009. On August 13, 2010, the Plaintiff filed a lawsuit on the transfer of land, etc. with the Jeonju District Court 2009Da23445, and was issued a corrective order to order the Defendant to remove part of women and deliver the part of the land. On May 31, 201, the Defendant received a corrective order to restore the land to its original state on the grounds of the removal, etc. of adjacent site.
In addition, on August 8, 2018, the Defendant filed a lawsuit with the Jeonju District Court 2017Kadan16459 seeking the return of unjust enrichment from the Defendant’s land intrusion and ordered the Defendant to return unjust enrichment equivalent to the rent from September 26, 2008 to the completion of removal.
[Ground of recognition] Facts without dispute, each entry or video inquiry of Gap evidence 1 through 32-2, the whole purport of the pleadings
2. Judgment on the plaintiff's claim
A. The gist of the Plaintiff’s claim is as follows.
The defendant has reconstructed the defendant's house and the plaintiff's land.