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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of delivery and payment.
Reasons
1. Determination on the delivery of land and the claim for restitution of unjust enrichment
A. In the first instance trial, the Plaintiff is obliged to return the land transfer and unjust enrichment (1) to the Plaintiff, from 1997 to 615 square meters on the part on the part of the Plaintiff’s claim in the Plaintiff’s ownership, 405 square meters on the part of the 615 square meters on the ship, 405 square meters on the attached list, and 458 square meters on the part of the 3-
(2) On the premise that the Plaintiff occupied the land of this case without permission, the court of first instance sought the delivery of each land of this case and the return of unjust enrichment gained by occupying and using the land of this case. On the premise that the Defendant occupied and using each of the land of this case from around October 5, 2015 and terminated possession on October 5, 2014, the court dismissed the claim for delivery of each of the land of this case, while admitting only the claim for return of unjust enrichment equivalent to the rent of each of the land of this case from June 3, 2005 to October 5, 2014 that the Plaintiff acquired ownership, and only the Plaintiff appealed, it is reasonable to view that the Defendant used the land of this case after October 5, 2014 as a whole, without dispute over whether the land of this case occupied and used the land of this case even after October 5, 2014, or after considering the following facts as a whole.
Each land of this case is connected to each other in the Dong without any boundary as part of each real estate listed in the separate sheet owned by the Plaintiff.
A group of Pyeongtaek-si E, F, and G land owned or occupied by the Defendant is connected to the north-west boundary of each land of this case.
On the north boundary of the defendant's above land, the land of state E, H and the land of state owned by the plaintiff is located at the south boundary of each real estate listed in the annexed list owned by the plaintiff, and the land of state owned by J to west is located.
The defendant shall own or possess.