A. Of the 280 square meters in Gyeong-gun, Gyeongbuk-gun C, the attached Table 7, 16, 15, 5, 6, 17, and 7 shall apply respectively.

A. The Plaintiff, on December 12, 2014, is the owner who acquired ownership of the land of 280 square meters (hereinafter “instant land”). The Defendant is the owner of D pursuant to the instant land, the area of which is 195 square meters adjacent to the instant land and the owner of the housing on its ground.

Of the instant land owned by the Plaintiff, the fence of the Defendant’s Housing and the Marinor, in sequence, affected the area of 13 square meters in the ship connected each point of the attached Table 7, 16, 15, 5, 6, 17, and 7 on the part of the instant land owned by the Plaintiff.

[Ground of Recognition] A without dispute, entry and video of Gap's evidence Nos. 1 through 8 and 10 through 12 (including any supporting number), the result of the measurement and appraisal commission to the head of Daegu-Gyeongbuk District Headquarters of the Korea Land and Information Corporation of this Court, the purport of the entire pleadings

2. Determination:

A. According to the above facts of recognition as to the removal of walls and the claim for delivery of a site, the Defendant is obligated to remove the fence installed on the ground of 13 square meters in part of “bbb” portion among the instant land owned by the Plaintiff and deliver the said part to the Plaintiff, except in special circumstances, since the Defendant installed a fence on the ground of 13 square meters in the part of “b” connected with each point of the attached Table 7, 16, 15, 5, 6, 17, among the instant land owned by the Plaintiff, and occupied it as the closing of the Defendant’s house, thereby infringing on the Plaintiff’s ownership of the instant land.

B. In determining the claim for return of unjust enrichment, the Defendant, without any legal ground, has a fence installed on the ground of 13 square meters in part of the above “b” part of the instant land owned by the Plaintiff, and obtains profits from the use of the said land by occupying and using the fenced land as a marina for the Defendant’s house. As such, the Defendant has a duty to return unjust enrichment equivalent to the rent that the Plaintiff acquired by occupying and using the instant land to the Plaintiff, barring any special circumstances.

With respect to the scope of return of unjust enrichment, this shall apply.