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1. The defendant shall be the plaintiff.
(a) remove a package of a ice container installed on the ground of 112 square meters in Yongcheon-si, Youngcheon-si.
Reasons
1. Facts of recognition;
A. On September 15, 2004, the Plaintiff purchased a lot of 112 square meters (hereinafter “instant land”) in Yongcheon-si B, Young-si (hereinafter “instant land”) and completed the registration of ownership transfer on October 7, 200.
B. C (hereinafter “C”) constructed an apartment complex called “D”, and constructed an apartment access road to the land of Youngcheon-si, E, located adjacent to the instant land, and the instant land was also packed into Amcon and constructed as a road.
C. C donated the access road to the above apartment, and accordingly, the Defendant occupied the above access road as well as the access road from June 4, 2018, and used it as the road.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts as to the removal and the request for extradition, the defendant is obligated to remove the asphalt packed on the land of this case and deliver the land of this case to the plaintiff, unless there are special circumstances.
B. As to the claim for restitution of unjust enrichment, the Defendant is obligated to return it to the Plaintiff on the ground that the Defendant gains unjust enrichment equivalent to the rent while occupying the instant land from June 4, 2018, and thus, the Defendant is obligated to return it to the Plaintiff. 2) If the entire purport of the argument is added as a result of the court’s entrustment of appraisal of rent to F Co., Ltd., the attached Form, which is a Class II general residential area, among the instant land, also the rent of KRW 1,058,400 per annum from January 1, 2018 to December 31, 2018 (=52,920,000 per annum x the expected interest rate of KRW 0.0 per annum (02%) x the annual expectation rate of KRW 1,093,688 per annum from January 1, 2019 (=54,684,000 per annum x 1,2014 per annum x 281.4 per annum x 281.24 per annum
3. Therefore, the defendant is liable to the plaintiff on 2018.