1. The defendant shall be the plaintiff.

(a) 68,046 won and its related 5% per annum from December 17, 2015 to April 29, 2016;

1. The following facts may be acknowledged either in dispute between the parties or in full view of Gap evidence Nos. 1, 4, and 2-1, 2, and 3 of Gap evidence No. 2-3 and the result of this Court’s request for survey and appraisal, and the whole purport of arguments as a result of this Court’s request for voluntary appraisal.

The Plaintiff created the “Yeocheon-gu Industrial Complex” (hereinafter “instant industrial complex”) on the same day, including 1003-4m2 (hereinafter “instant land”) in Seocheon-gu, Seocheon-gu, Seocheon-gu, Yangcheon-gu, Yangcheon-si, Yangyang-si, 1003-4m2 (hereinafter “instant land”), and is the owner of the instant land.

B. On October 1, 2013, the Defendant completed registration of the preservation of ownership for the land and its ground power facilities located in the instant industrial complex, and the said power plant is an integrated energy supply facility that supplies energy to the occupant enterprises in the instant industrial complex.

C. On the ground of the instant land, there is a pipe and structure, part of the integrated energy supply facilities installed by the Defendant (hereinafter “the instant object to be removed”) on the part of the area of 6.6 square meters in the ship connected with each point in sequence of 6, 7, 8, 9, 10, 11, 12, and 6 of the attached drawings (hereinafter “instant land”).

Monthly rent per square meter of the land in the instant case is KRW 370 for the year 2013, KRW 400 for the year 2014, and KRW 400 for the year 2015.

2. The assertion and judgment

A. According to the above facts finding as to the Plaintiff’s claim, barring any special circumstance, the Defendant is obligated to remove the object of removal to the Plaintiff, deliver the land in dispute of this case where the object of removal is located, and return unjust enrichment obtained by occupying and using the land in this case.

B. The defendant's assertion (1) asserts that the defendant's claim is an abuse of right to seek removal of the object of removal of integrated energy supply facilities of this case.

(2) If the exercise of the right to determine the removal portion is intended to constitute abuse of the right, it is subjective.