토지인도
1. Of the judgment of the court of first instance, the part of the claim for monetary payment is modified as follows.
The defendant shall be the plaintiff, 1807,412 won.
1. The court of first instance dismissed the Plaintiff’s claim for land transfer and removal of building against the Defendant, and the claim for eviction against the co-defendant C of the first instance court, and partly accepted the claim for restitution of unjust enrichment against the Defendant. The court prior to the remand dismissed the Plaintiff and the Defendant’s appeal against the judgment of first instance.
As to the defendant's appeal, the Supreme Court accepted the defendant's appeal against the part against the defendant, reversed the judgment of this court before remand, and remanded it to this court.
Therefore, the subject of the judgment of this court is limited to the part against the defendant among the plaintiff's claim for return of unjust enrichment against the defendant who is the part of the above reversal
2. Basic facts
A. On April 21, 2006, the Plaintiff acquired 6/11 shares of 83 square meters in Seocho-gu Seoul Metropolitan Government D Miscellaneous land (hereinafter “instant land”) at the court auction procedure.
B. 1) The former Gwanak-gu G land (by administrative district change) was currently “Seo-gu H land in Seocho-gu, Seocho-gu, and is the site of the building listed in attached Table 2(2).
) From October 18, 1973 to Gwanak-gu, Seoul Special Metropolitan City V land (current “Seo-gu D”) on October 18, 1973, and this case’s land
A) On October 22, 1973, the Defendant’s attached W was divided. On November 8, 1977, the Defendant’s attached W acquired the above Seocho-gu H’s land and constructed a building (the housing and the store of 90.91 square meters, 90.91 square meters, 90.91 square meters, 3 stories, 76.03 square meters, 76.03 square meters, and 76.03 square meters of underground floor) on that ground. Since then, the above building was extended on June 16, 1989, and the building listed in attached Table 2 (hereinafter “instant 2 building”).
After the extension, on April 17, 1991, the use of the building was changed from the house to the neighborhood living facilities, such as the public restaurant and the office.
After that, the defendant's mother-friendlyO (former name: X on October 15, 1996 on the above building due to the cancellation of title trust by the judgment of May 5, 1996, and the registration of ownership transfer was completed on December 29, 197 by the defendant on December 20, 197.