A. The Plaintiff is the owner of Pyeongtaek-si C farm site 63 square meters (hereinafter “instant land”).

B. The Defendant, among the instant land, owns a house (hereinafter “instant house”) on its ground with respect to the portion of 5 square meters in the attached Table “A” on the instant land, and uses the same appraisal as a marina, etc. for the said house with respect to the portion of 11 square meters in the same land on the same ground.

C. In the event that the instant land is leased without a deposit, the rent is KRW 1,040 per annum.

【Ground of recognition】 The fact that there is no dispute, Gap's evidence, appraiser D and E's each appraisal result, the purport of the whole pleadings

2. Determination

A. The fact that the Defendant occupies part of the instant land owned by the Plaintiff on the ground of the claim in the form that the Defendant owns the instant land and uses it as a marina, and the fact that the rent without a security deposit for the instant land is the cause of 1,040 square meters per square meter as seen earlier is identical. Therefore, barring any special circumstance, the Defendant is obligated to remove the portion of the instant land on the ground that the attached appraisal of the instant land was located on the 5 square meters on board, deliver the said portion of the said land, and deliver the said portion of the said land, barring any special circumstance.

In addition, the defendant should pay to the plaintiff unjust enrichment equivalent to the rent calculated by the ratio of 16,640 won per month ( = 1,040 won x 16 square meters) from February 5, 2011 to the date of completion of delivery of the above land portion or the date of loss of the plaintiff's ownership, as requested by the plaintiff, as the result of the resignation from the above land portion.

B. The defendant's defense is not sufficient to remove a part of the house of this case and actually remove the entire house. Thus, the plaintiff's claim of this case is legitimate.

In full view of the results of the on-site inspection by this court and the purport of the entire pleadings by appraiser D, the instant house is a single-story building, and the instant case is a single-story building.