A. Of the area of 482 square meters in Busan Jin-gu, Busan, Busan, 23, 27, 26, 25, 24, and 23, each of the annexed drawings.

A. On July 8, 2005, the Plaintiff is the owner who acquired the ownership of the land indicated in the disposition in the D Voluntary Auction Procedure (hereinafter “instant land”).

B. On June 9, 2003, the Defendant’s mother (hereinafter “the deceased”) acquired the ownership of F. 179 square meters and above-ground housing adjacent to the instant land. On January 13, 2010, the Defendant transferred 7/179 shares out of the above land to G Social Welfare Foundation, and the Defendant completed the registration of ownership transfer of shares and above-ground housing on October 13, 2010 due to inheritance by agreement and division as of October 13, 2010.

C. The fence, stairs, and gates of the instant land owned by the said Defendant are installed on the part (B) on the part of 6 square meters on board among the instant land.

[Reasons for Recognition] Fact that there is no dispute, Gap's 1 through 4, the result of a request for surveying and appraisal to the Vice-Governor of the Korea Land Information Corporation in Busan, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition as to the removal of fences and the claim for delivery of a site, the defendant is obligated to remove fences, stairs, and gates installed on the ground of the part (B) part (b) of the land of this case on the land of this case and deliver the said part to the plaintiff, barring special circumstances.

B. In determining the claim for return of unjust enrichment, the Defendant, without any legal ground, has a duty to install fences, stairs, and gates on the ground of the above part (B) part of the instant land owned by the Plaintiff, and obtains profits from the use of the said land by occupying and using them. As such, the Defendant has a duty to return unjust enrichment equivalent to the rent gained by occupying and using the instant land to the Plaintiff, barring any special circumstance.

As to the scope of return of unjust enrichment, according to the result of the appraisal of appraiser H by this court, the defendant occupies and uses the land of this case.