건물철거 및 토지인도 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a council of occupants’ representatives comprised of occupants and users of A apartment (hereinafter “the instant apartment”) constructed on the land indicated in the attached list (hereinafter “instant land”). The Defendant is the owner of the Plaintiff’s housing and two-storys of the Busan East-gu, Busan-gu, and its ground bricks and block slabs (hereinafter “instant building”).
B. The portion of 63 square meters in the portion of (c) section 3, 4, 5, 6, and 3 of the drawings, such as the size of 25 square meters, which are the part of the land of this case, are collectively the site of the apartment of this case, and all of the size of 63 square meters (hereinafter “the land in this case”) connected with each point of (b) section 25 square meters in sequence. At the time of the construction of the apartment of this case, the exterior of the fence installed to indicate the boundary of the land of this case shows the external appearance, which appears to belong to the site of the building of this case.
At the time of the construction of the apartment in this case, the Si Corporation seems to have installed a fence with the knowledge that the land in this case does not belong to the land in this case.
[Ground of recognition] Unsatisfy, entry of Gap evidence 3 and 6, result of on-site inspection by this court, the purport of the whole pleadings
2. The plaintiff's assertion
A. From 2006 to 2006, the Defendant, without any title, installed the provisional building stated in the purport of the claim on the land in the dispute of this case owned by the Plaintiff, and occupied and used the land in the dispute of this case.
B. Therefore, the Defendant is obligated to remove the building above to the Plaintiff, deliver the land in the dispute of this case to the Plaintiff, and pay the Plaintiff the amount of unjust enrichment equivalent to the rent from June 15, 2006 to May 25, 2017, including the sum of unjust enrichment of KRW 26,413,00 and delay damages therefor, and the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 288,70 per month from May 26, 2017 to the completion date of delivery of the land in the dispute of this case.
3. Determination
A. In the relevant legal doctrine and condominium buildings,