시설물등철거
1. The defendant shall be the plaintiff.
A. Among the 822m2m2 of land in Pakistan-si, each point is indicated in the annexed drawing Nos. 1, 4 through 13, and 1.
Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1 through 4, the Plaintiff acquired ownership of each land listed in the Disposition No. 1-A (hereinafter referred to as "land of this case") on December 30, 203; the Defendant, as described in the same paragraph, has installed a military life zone and fence in the instant land and occupied the relevant part of the land; and the rent for the portion of the instant land possessed by the Defendant from January 1, 201 to December 31, 2015 (the Plaintiff filed the instant lawsuit from January 2, 2015) (the Plaintiff filed the lawsuit of this case to December 31, 2015) may recognize the fact that the sum of the rent for the period from January 1, 2015 to December 31, 2015 is 2,470,800 won; and the monthly rent for the period from January 1, 2015 to December 31, 2015.
According to the above facts, the defendant is obligated to remove the above military life hall and fence from the plaintiff and deliver the part of the defendant's possession among the land in this case.
In addition, the Defendant is obliged to pay the Plaintiff the amount of unjust enrichment equivalent to the rent, barring any special circumstance, as it is determined that the Defendant gains a profit equivalent to the rent by occupying and using part of the instant land and thereby causes damages equivalent to the same amount to the Plaintiff, who is the owner.
As to the scope of return of unjust enrichment, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from February 19, 2016 to March 16, 2016, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (the Plaintiff’s claim) from the next day to the day of complete payment, as to the period from January 1, 2011 to December 31, 2015, the Defendant is bound to pay to the Plaintiff KRW 2,470,800, and as to the period from February 17, 2016, the day following the delivery of a copy of the application for modification of the purport of the claim made by the Plaintiff, which is from February 19, 2016 to the day of this judgment. Since it is ratified that the Defendant loses the Plaintiff’s ownership of the land from January 1, 2016 to the day of full payment.