건물 등 철거
1. Of the judgment of the first instance, the part against Defendant C in the judgment is modified as follows.
Defendant C, the Plaintiff, Busan.
1. The grounds for this part of the underlying facts are as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
“C. Defendant C newly built each of the instant buildings at its own expense and effort around 1997 and acquired ownership in the original condition.”
2. Judgment on the conjunctive claim
A. According to the facts based on the facts, Defendant C should be deemed to possess each of the instant buildings on the land in dispute of this case owned by the Plaintiff, regardless of whether it actually occupies the relevant building or the site thereof.
In addition, as long as the above building is owned on the above land, profit equivalent to the profit from the use of the above land by itself is gained, and thereby, damage equivalent to the plaintiff's equivalent amount is inflicted on the plaintiff.
Therefore, barring special circumstances, Defendant B is obligated to leave the building of this case, and Defendant C is obligated to remove each of the buildings of this case, deliver the land in this case, and return the land equivalent to the profit from the use of the land in unjust enrichment.
B. Furthermore, according to the health team, the result of the appraisal commission to the appraiser F of the first instance trial, and the purport of the entire pleadings with respect to the amount of unjust enrichment to be returned by Defendant C, the rent of KRW 2,016,200 for the land in the instant dispute from May 23, 2017 to August 23, 2018, and the rent of KRW 142,30 for the month after August 24, 2018 can be acknowledged.
Therefore, Defendant C filed a claim with the Plaintiff for the payment of delay damages from August 24, 2018, which is the day following the delivery of the copy of the claim and the application for change of the cause of the claim as of September 20, 2018, equivalent to the rent 2,016,200 won from May 23, 2017 to August 23, 2018. However, the obligation for return of unjust enrichment is a debt with no fixed deadline, and the obligor is liable for delay from the time of receiving the claim.