A. Of Seodaemun-gu Seoul Metropolitan Government 492 square meters, the appraisal of the attached Form 6, 9, 10, 13, 14, 15, 16.

A. On September 22, 1980, the Plaintiff’s attached D purchased Seodaemun-gu Seoul Metropolitan Government 492 square meters (hereinafter “instant site”) and completed the registration of ownership transfer on September 22, 1980, donated the Plaintiff on April 30, 2012, and completed the registration of ownership transfer on May 1, 2012. The Plaintiff newly constructed the 13-story hospital on its ground and completed the registration of ownership transfer on March 10, 2015.

B. The Defendant completed each registration of the ownership transfer on August 24, 1983 with respect to the building with E large scale E, 233 square meters and 4 stories above ground adjacent to the instant building site (hereinafter “Defendant building”).

C. The Defendant’s building partially infringed on the instant site, and the Disposition No. 1-A

The section of the CPC at the port was 10m2, and the defendant, around 2014, performed the reconstruction of the defendant's building and ordered 1m2.

항 기재 ㈃부분 1㎡에 경계석을 설치하였다. 라.

Of the instant site, where there is no security deposit for 11 square meters in possession of the Defendant building, the rent shall be KRW 29,709,020 from May 1, 2012 to April 30, 2016, and thereafter KRW 639,852 per month.

[Reasons for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, 4, appraiser F, and G's each appraisal, the purport of the whole pleadings]

2. Determination as to the cause of action

가. 판단 위 인정사실에 의하면, 피고는 이 사건 대지의 소유자인 원고에게 위 ㈂부분 지상 피고 건물을 철거하고, ㈃부분 지상 경계석을 철거하고, 위 ㈂, ㈃부분 토지를 인도할 의무가 있다.

In addition, the Defendant is obligated to pay the amount of money calculated at the rate of KRW 29,709,020 as above and KRW 639,852 as of April 30, 2016, from May 1, 2012 to April 30, 2016, which the Plaintiff acquired ownership by unjust enrichment with respect to the possession and use of the instant site without permission.

나. 피고의 주장에 관한 판단 피고는 피고 건물이 이 사건 대지를 침범한 적 없는데 감정인이 기초점 설정이유와 측량방법을 밝히지 않았고, 서대문구청의 회신과 일치하지 않는 등 측량감정결과가 잘못되었으며, 위 ㈃부분 1㎡의...