부당이득금
1. The defendant is against the plaintiffs:
A. Of the area of 390 square meters in Seosan-si, Seosan-si, each point of the attached Table 12, 13, 14, 15, and 12 is indicated.
1. The following facts may be acknowledged in full view of Gap evidence Nos. 1, 3, 5, Eul evidence Nos. 1, 5, and 5, and the purport of the whole pleadings as a result of each request for appraisal by the President of the District Information Corporation and the head of the office of appraisal and assessment of this court:
The plaintiffs are simplified mother-and-child, and the plaintiff A married with the defendant on August 16, 2001, but divorced around May 201.
B. On November 25, 2004, the Plaintiffs acquired ownership of 1/2 shares of D large 390 square meters (hereinafter “instant land”).
C. In addition, on February 6, 2006, the Defendant maintained a matrimonial relationship with Plaintiff A, constructed a single-story house (hereinafter “instant house”) on the instant land with the consent of the Plaintiffs, and acquired its ownership.
Meanwhile, in a divorce judgment rendered on May 8, 2012, the Plaintiff and the Defendant filed a divorce lawsuit (the Daejeon Family Court Branch Office 2010ddan3264, 201ddan453 (Counterclaim)) and demanded division of property with respect to the instant land and the instant land, and the instant land did not have been subject to division of property by deeming that they were each unique property of the Plaintiffs.
E. After that, the Defendant was connected to the instant house around May 2012, 195, and ordered the issuance of the order No. 1.
The Guate (hereinafter “instant Guate”) constructed the Guate (hereinafter “instant Guate”) and used it as a warehouse until now.
2. According to the above facts finding as to the removal request, the following 3.B.
As stated in paragraph (1), the Defendant, without any title, has constructed the instant Guate on the instant land owned by the Plaintiffs, and thus, is obligated to remove it.
3. Determination on the claim for unjust enrichment
A. The 1st Plaintiffs, without any title, obtained unjust enrichment equivalent to the rent for the entire land of this case by owning the instant housing and the Guate on the land of this case without any title, and thus, calculated with the Plaintiffs as follows.