A. The Plaintiff is the owner of the instant land.

B. Around January 18, 2011, the Defendant laid water pipes by making the dispute part of this case smooth, installed a steel fence, and used the said part as a passage from that time.

C. The Plaintiff filed the instant lawsuit against the Defendant, seeking delivery of the instant dispute portion, water pipes, removal of steel pents, etc., and the Defendant removed water pipes and steel pents to deliver the said part to the Plaintiff on or around September 26, 2014, removed water pipes and steel pents, filled up the said part, and thereafter, the instant dispute portion was not used as the passage from around that time.

[Ground of recognition] Unsatisfy, Gap 5 through 7 evidence, Eul 3 evidence and images, the result of the on-site inspection by this court, the result of the appraiser D's cadastral survey appraisal, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff demanded delivery and removal of the dispute part of this case to the Defendant, and sought delivery and water pipes and removal of steel fences.

However, as seen earlier, the Defendant continued to file a lawsuit on September 26, 2014, removed water pipes and steel fences installed in the above part and laid down the above part. As such, the Plaintiff’s claim for this part of the Plaintiff’s claim on the premise that the Defendant occupied the above part as of the closing date of pleadings and the steel fences exist is without merit.

B. The Plaintiff filed a claim for return of unjust enrichment with the Defendant claiming the return of the amount calculated at the rate of KRW 200,000 per month from January 18, 201 to the completion date of delivery of the above part as unjust enrichment.

As seen earlier, the Defendant occupied the aforementioned part from January 18, 201 to September 26, 2014, and thus, the Defendant is obligated to return to the Plaintiff unjust enrichment equivalent to the rent for the instant dispute over the said period.

According to the result of the court’s entrustment of appraisal of fees to appraiser E, the rent from January 18, 201 to December 31, 201 concerning the instant dispute shall be KRW 2,400, and from January 1, 2012 to December 31, 201.