건물등철거
1. The defendant shall be the plaintiff.
A. Of the 66§³ in Suwon-si, Suwon-si, each point of the attached Form 1, 2, 3, 4, and 1 is indicated in the drawings.
1. Comprehensively taking account of the purport of the entire pleadings in the statement in Gap evidence Nos. 1 through 5 as to the cause of the claim, the Plaintiff is deemed to have owned a building (i.e., the first floor, 40 square meters per annum, 20 square meters per annum, 40 square meters per annum, 40 square meters per annum, and 40 square meters per annum, and hereinafter “the building of this case”) located on the part of "A," which connects each point of the attached drawing Nos. 1, 2, 3, 4, and 1 among the instant building sites, from August 31, 2017.
Therefore, the Defendant, by owning the instant building on the instant site, should be deemed to possess the instant site, regardless of whether it actually occupies the relevant building or site. Moreover, insofar as the instant building is owned on the instant site, as long as it itself gains profit equivalent to the above profit from the use of the instant site and thereby causes damages equivalent to the same amount to the Plaintiff.
Therefore, the defendant is obligated to remove the building of this case to the plaintiff, deliver the building of this case to the plaintiff, and return the profit of use of this case to the plaintiff as unjust enrichment.
Furthermore, with respect to the amount of unjust enrichment to be returned by the Defendant, the amount of profit from the possession and use of ordinary real estate is equivalent to the rent for that real estate. In full view of the purport of the entire pleadings in the statement in Gap evidence No. 4, the monthly rent for the instant land is 621,50 won (i.e., the appraised amount of the instant land 149,160,000 won x 5% ± 12 months ± the Plaintiff’s monthly rent for the instant land based on Gap evidence No. 4. The Defendant submitted only a formal reply, but did not specifically reflect the Plaintiff’s above argument, thereby recognizing the Plaintiff’s assertion as it is). The Defendant from August 31, 2017 to the completion date of delivery of the instant land from August 31, 2017 to the completion date of delivery of the instant land.