건물등철거
1. The defendant shall be the plaintiff.
A. Of the 70 square meters in Sincho-si Blux, each point of the attached Form No. 4, 5, 6, 7, 8, 11, 10, 4.
1.The facts following the facts of recognition may be found either in dispute between the parties, or in full view of the entries in Gap evidence 1 to 8 (including paper numbers), the results of the request for surveying and appraisal to the chief of the Korea Cadastral Survey Corporation affiliated with the Korea Cadastral Survey Corporation and the purport of the entire pleadings.
On February 11, 2003, the Plaintiff completed the registration of ownership transfer with respect to B large scale 70 square meters (hereinafter “instant land”).
B. The Defendant, prior to 2003, installed a sidewalk block (hereinafter “the instant road section”) on the ground of 12 square meters on the part of 12 square meters on board, which successively connected each point among the instant land with the indication of the annexed drawing among the instant land among the land, and occupied and used as a road.
2. Determination on the cause of the claim
A. According to the above facts of recognition, the defendant is obligated to deliver the part of the road of this case to the plaintiff, and the above land is obligated to return unjust enrichment arising from occupying and managing it to the road without legal title, and as long as the defendant contests this, it is necessary to claim for unjust enrichment in advance. Thus, it is obligated to return it.
B. The amount of profit from the possession and use of real estate is equivalent to the rent of that real estate. According to the result of the appraisal of rent for appraiser C by this court, the rent for the road portion from December 1, 2009 to June 12, 2015, which is close to the date of the closing of argument, can be recognized as the following facts, and the rent after June 13, 2015 is ratified as such amount.
- Table - The amount of unjust enrichment to be returned by the defendant according to B shall be 91,00 won per month from December 1, 2009 to June 12, 2015, from June 13, 2015, from June 13, 2015 to June 91,000 won per month (=1,092,000 won ± 12) for the portion of the road in this case or from June 13, 2015 to the date when delivery is completed or the Plaintiff loses ownership.
3. The defendant's right to exclusively use and benefit from the road of this case has already been determined on the defendant's assertion.