A. Of the area of 43 square meters in Jung-gu Seoul Metropolitan Government, the number of pages 2, 4, 5, 6, and 2, shall be indicated in attached Form 2.

A. On November 29, 2006, the Plaintiff completed the registration of ownership transfer with respect to the land of Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul (hereinafter “instant land”). On November 26, 1985, the Defendant completed the registration of ownership transfer with respect to the land of Jung-gu, Seoul Metropolitan Government D large scale 60 square meters, and the 72.73 square meters of a single-story housing (hereinafter “instant building”).

B. The Defendant owned 60 square meters adjacent to the instant land, and occupied and used the portion D inboard, which is 21.38 square meters connected to each of the instant land owned by the Plaintiff, in sequence, among the instant land owned by the Plaintiff, as the instant land owned by the Defendant and owned and used as the site for the instant building owned by the Defendant.

[Grounds for Recognition: Evidence No. 1-2, Evidence No. 1-1-2, Evidence No. 1-2, Evidence No. 7-1, and 2-2, Results of a survey commission to appraiser E, purport of the whole pleadings]

2. Determination

A. According to the above facts, the Defendant owned the instant building, and occupied and used the D part of the instant land owned by the Plaintiff as a site for the building. Therefore, the Plaintiff is obligated to remove 21.38 square meters of the instant land, and pay unjust enrichment from November 29, 2006, on which the Plaintiff acquired ownership, to the Plaintiff.

Furthermore, according to the result of the Defendant’s entrustment of appraisal of royalties to appraiser F with respect to the amount of unjust enrichment that the Plaintiff ought to return to the Plaintiff, the Plaintiff’s actual rental fees for the instant land from November 29, 2006 to August 25, 2016 constitute 64,045,200; and the monthly rental fees from August 25, 2016 to August 25, 2016 constitute 647,200. As such, the Defendant is entitled to recognize the fact that the Plaintiff’s actual rental fees for the instant land were 647,200. As such, the Defendant is the Plaintiff’s unjust enrichment from possession and use of the instant portion, 31,843,869 won (64,045,200 won x 200 x 21.38/43) and the Plaintiff’s delivery of a duplicate of the instant application for alteration of the claim, as the Plaintiff seeks.