건물철거 및 토지인도 등
1. Of the part of the judgment of the court of first instance ordering monetary payment of the Defendant, KRW 1,896,080 and July 1, 2015 against the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is the owner of the land for factories 1,653 square meters (hereinafter “C land”) in Yongsan-gu, Seoyang-si and the Defendant is the owner of D-182 square meters (hereinafter “D land”) adjacent to the said land.
B. From April 28, 2006, the Defendant: (a) installed a steel container on the ground of the part (Ga) part (Ga), which was connected in order to each point of Annex 1, 19, 18, 26, 25, 24, 23, 22, 21, 20, 20, and 1 among the land in Annex C among the land in Annex C; and (b) occupied the land by installing a steel container on the ground; and (c) the Plaintiff completed the registration of ownership transfer with respect to C land on April 26, 201.
C. From April 26, 201 to December 31, 2011, the rent of KRW 237,530 in the part of the C’s land (A) is KRW 237,530 (i.e., annual rent of KRW 346,80 in 201 x 250 days/365 days, and down to KRW 250 in 250; hereinafter the same shall apply). The sum of the rent of KRW 1,658,50 in the period from January 1, 2012 to June 30, 2015 (i.e., KRW 457,470 in 2013, KRW 471,750 in 201, KRW 4750 in 201, KRW 560 in 2015, KRW 741,70 in 2015), and the rent is from January 13, 2015>
[Reasons for Recognition] The entry of Gap evidence 6, the result of the survey appraisal by the appraiser E of the first instance trial, the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to remove the steel container on the ground (A) and deliver the part (A) to the plaintiff.
In addition, the defendant is judged to gain profit equivalent to the rent by occupying and using the part of the ship (A) and thereby, thereby causing damages equivalent to the same amount to the plaintiff who is the owner. Thus, the defendant is obligated to pay the plaintiff unjust enrichment equivalent to the rent, barring any special circumstances.
As to the scope of return of unjust enrichment, the Defendant is obligated to pay the Plaintiff KRW 1,896,080 (i.e., KRW 237,530, KRW 1,658,550) with respect to the period from April 26, 2011 to June 30, 2015, and the monthly rent after July 1, 2015 in the part (A) is also KRW 40,630, as it is ratified.