소유권말소등기
1. Of the judgment of the court of first instance, the part concerning the removal of buildings, delivery of land and the claim for return of unjust enrichment against the defendant is as follows.
1. The Plaintiff sought against the Defendant the cancellation registration procedure of ownership transfer registration for each real estate listed in the separate sheet No. 1, ② removal of the building on the ground part caused by this case, ③ delivery of the land No. 1, ④ payment of unjust enrichment equivalent to rent for the land No. 1.
The first instance court dismissed the claim for cancellation registration of ownership transfer registration, and ② accepted the claim for removal of the building caused by the cause of the occurrence of the instant case, ③ accepted the claim for removal of the building on the ground, ③ dismissed the claim for delivery of the remainder of the land No. 1, and ④ accepted only the claim for return of unjust enrichment on the land caused by the cause of the instant occurrence, and dismissed the remainder of the claim for return of unjust enrichment.
(1) As to the judgment of the court of first instance, the Plaintiff appealed only on the portion of the amount not recognized in the court of first instance among the portion of unjust enrichment on the size of 321.52 square meters among the portion of the land of this case, among the part against which the Plaintiff lost, and (2) the Defendant appealed on the entire portion of the part against which the Defendant lost (such as above, ②, ③ and ④ claims)
Therefore, the scope of the judgment of this court is limited to the plaintiff's claim for the removal of the building on the ground part caused by this case and caused by this case to the defendant (the above claim 2), the request for delivery of the land on the part caused by this case (the above claim 3) and the claim for restitution of unjust enrichment (the above claim 4).
2. The reasoning for the court’s explanation on this part of the basic facts is as follows, and this part of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.
Each “Defendant B” except each “Defendant B” and “Codefendants of the first instance trial” except each “Defendant B” are “B” under the part “ [based on recognition] of the first instance trial and heading 11 through 13.”
H. Meanwhile, on August 8, 2016, the ground building on the part caused by the instant accident was removed on the ground around August 2016.
[Reasons for Recognition]