건물철거 및 토지인도 등
1.The judgment of the first instance shall be modified as follows:
The Defendant, as the Plaintiff
A. An annex map of 255 square meters prior to C in leisure city.
1. Comprehensively taking account of the overall purport of the pleadings as a result of the survey and appraisal conducted by the appraiser E at the court of the trial on the cause of the claim, the Plaintiff purchased 255 square meters (hereinafter “the instant real estate”) prior to Sinju-si in the case of the compulsory auction of the D Real Estate at Sejong-si, Suwon District Court on July 12, 201. On July 18, 2011, the Plaintiff completed the registration of ownership transfer under the Plaintiff’s name on July 18, 2011. The Defendant, among the instant real estate, purchased the instant real estate, without any obligation to remove the instant real estate in sequence 1, 2, 3, 4, 5, 7, 8, 9, 10, and 1, “A” portion of the instant real estate connected with each of the instant real estate in sequence with each of the items of “A” and “107 square meters of the instant real estate,” the owner of the instant real estate and the instant real estate in sequence 1,71,4,7,7, and 1,7.
Furthermore, as to the scope of unjust enrichment to be returned by the Defendant, the amount of profit from the possession and use of the real estate in ordinary cases shall be equivalent to the rent of the real estate. In full view of the purport of the entire pleadings as a result of the appraisal of rent from July 18, 201 to July 17, 2012 by the court of the first instance, the monthly rent of the instant real estate shall be KRW 363/m2, the monthly rent of KRW 435/m2, the monthly rent from July 18, 2012 to July 17, 2013, the monthly rent of KRW 473/m2, the monthly rent from July 18, 2013 to July 17, 2014 is presumed to be the amount equivalent to the Plaintiff’s unjust enrichment, and the monthly rent of KRW 473/m2, the monthly rent from July 18, 2014 to July 18, 2015.