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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. Of Geumcheon-gu Seoul Metropolitan Government 101.8m2, indication 1,2,3.
Reasons
1. Basic facts
A. The Plaintiff acquired the ownership of Geumcheon-gu Seoul Metropolitan Government C (hereinafter “C”) on May 26, 2014, and the Defendant is a person who acquired the ownership of D-gi land (hereinafter “D land”) and buildings adjacent thereto on June 10, 2013.
B. D land is connected to C land by bordering the line connecting each point in the separate sheet 2 and 3, and the Defendant-owned wall (hereinafter “instant wall”) connected each point in the separate sheet 1, 2, and 3 is located in the vicinity of the said boundary.
C. The defendant Na
The portion (B) 15 square meters in the ship (hereinafter “instant land”) which connects each point of the attached Form 1, 2, 3, and 1, which is the part between the boundary of the port and the wall of this case, has been occupied and used as the site of the building on the ground.
[In the absence of dispute, the result of the on-site verification by this court, the result of this court's entrustment to the Seoul Vice-Governor of the Korea Land Information Corporation, the purport of the entire pleadings]
2. Determination as to the claim on the principal lawsuit
A. According to the above facts of recognition, the Defendant is obligated to remove the fence of this case to the Plaintiff and deliver the land in this case to the Plaintiff, barring any special circumstances, and to pay unjust enrichment from June 10, 2013, the date of acquisition of the Defendant’s ownership to the date of completion of delivery of the said land due to the possession and use of the said land.
(2) According to the court’s entrustment of appraisal of rent for expert E and the purport of the entire pleadings, the rent for the instant industrial complex land is recognized as 74,166 won per month from January 1, 2013 to December 31, 2014, and 75,66 won per month from January 1, 2015 to December 31, 2015, and 75,700 won per month from January 1, 2016 to December 31, 2016. As such, the amount of unjust enrichment to be paid from June 10, 2013 to December 31, 2015 from June 10, 2013 to December 31, 2015 from the date the Defendant started possession is to reach KRW 2,294,92 won per month, and the Defendant is to pay the amount of unjust enrichment from January 1, 2016 to December 31, 2017.