1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On May 6, 2010, the Plaintiff purchased 2,164 square meters of land for factory in Seo-gu, Daegu-gu (hereinafter “instant land”) from Bora International and completed the registration of ownership transfer on June 24, 2010.

B. Of the instant land, a fence owned by the Defendant is installed on the ground (b) section 19 square meters (hereinafter “the occupied part of this case”) that connects each point of the attached Table 5, 6, 7, 9, and 5, in turn, the appraisal of which is indicated on the instant land. The part “B” and “D” as indicated on the attached Table Domen Dom Dom Do. The number of trees owned by the Defendant is serious, and the attached Form Dom Dom Dom appraisal is also indicated on the attached Table Dom Dom Dom Dom Do.

(hereinafter referred to as the “instant obstacles” by combining the aforementioned fences, trees, ventilation, and advertising boards.

The sum of rent from June 24, 2010 to June 23, 2014, which is the date of acquisition of the Plaintiff’s ownership on the occupied portion of the instant case, is KRW 3,330,320, and monthly rent from June 24, 2014 to June 23, 2015 is KRW 102,536.

[Ground] Fact that there is no dispute, Gap evidence Nos. 1 through 5 (if there is a serial number, including each serial number; hereinafter the same shall apply), the result of the request for surveying and appraisal to the president of the Daegu North Korea Headquarters site of the court of first instance, and the result of the request for supplementation of appraisal, the result of the request for appraisal of rent to the director of the Daegu branch of the company of the court of first instance, the purport of the entire pleadings as a whole.

2. Determination as to the cause of action

A. According to the above facts of recognition, the defendant, barring special circumstances, is obligated to remove or remove the obstacles of this case on the ground that he/she occupied in this case, deliver the occupied part of this case, and return unjust enrichment from the possession of the occupied part.

B. Furthermore, with respect to the scope of unjust enrichment that the Defendant has to return, rent from June 24, 2010 to June 23, 2014 for the part of possession of the instant case.