2...

A. The Plaintiff’s mother, on September 12, 2002, completed each of the registration of ownership transfer on July 16, 2015, with respect to Suwon-si Suwon-si C large 196 square meters (hereinafter “instant land”).

B. Around April 2001, the Defendant completed the registration of ownership transfer with respect to E large-scale 370 square meters adjacent to the instant land (hereinafter “instant adjacent land”). Around November 2001, the Defendant constructed a building on the instant adjacent land and completed the registration of ownership preservation therefor.

C. The Plaintiff filed a civil lawsuit against the Defendant to the effect that “the Defendant shall remove the aforementioned fence and deliver the part as referred to in the instant sub-paragraph (b) to the Plaintiff,” and that “the Defendant shall deliver the same to the Plaintiff,” in turn, shall be sentenced to each of the judgment (U.S. District Court 2016No. 510347), and the judgment to dismiss the Defendant’s appeal against the above judgment on February 14, 2019 (the same court 2017Na54845).” The said lawsuit is currently pending in the final appeal.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 8, 16 items, and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) from November 201 to July 15, 201, the part of the instant land owned by the Plaintiff, which was owned by the said D or the Plaintiff, occupies the said part of the land by piling up fences. As regards the period from March 26, 2009 to July 26, 2015, the Plaintiff is the assignee of the claim for return of unjust enrichment against the Defendant from D, the owner of the said part of the said land, and against the period from July 16, 2015 to the completion of possession of the said part of the said land, the Plaintiff is the owner of the said part of the said land, and seek for payment of unjust enrichment equivalent to rent to each Defendant. 2)