토지인도 등
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. Of the land size of 629 square meters in Sinjin-si, indication of the attached Form 22,23,24,25, among the land size of 629 square meters in Sinjin-si.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff acquired the ownership of the instant land on September 5, 2001.
B. Part of the instant building is located on the ground of the instant dispute part among the instant land.
The instant building is an unregistered building.
C. On March 23, 1995, Nonparty D completed the registration of ownership transfer on the land E, F, and G (hereinafter “Separate Land”) adjacent to the instant land due to purchase and sale on November 20, 1989.
Nonparty H completed the registration of ownership transfer on June 26, 2002 due to a compulsory auction on June 3, 2002.
E. Around November 30, 2009, Nonparty I purchased a separate land and the instant building from H. On the same day, Nonparty I completed a provisional registration on a separate land based on a pre-sale agreement. From the business day, Nonparty J, the husband, and the instant building.
The J extended the building of this case from the first floor to the second floor around March 2010.
F. Around March 29, 2012, the Defendant purchased a separate land and the instant building from I, and completed a provisional registration registration on a separate land on April 9, 2012.
G. The instant building is owned by the Defendant as of the closing date of pleadings.
[Ground of recognition] A without dispute, Gap evidence Nos. 1-1, 5, Eul evidence Nos. 1-1, 2, and 3, the result of a request for surveying and appraisal to the Korea Land Information Corporation by this court, the result of the on-site verification by this court, the witness J's partial testimony, and the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant owned the building of this case and possessed the part of the dispute of this case, which is the site. Thus, barring any special circumstance, the part installed on the ground of the dispute of this case among the buildings of this case shall be removed, the land of this case shall be delivered, and the profit of use of the dispute of this case shall be returned to the plaintiff as unjust enrichment.
The defendant's unjust enrichment to be returned.