1. The defendant shall be the plaintiff.

A. Of the 612 square meters of land in the Suwon-si Suwon-si, the number of forest land is as indicated in the attached Form 10, 2, 13, 12, 11, and 10, respectively.

1. Facts of recognition;

A. On July 31, 2015, the Plaintiff is the owner who acquired the ownership of a forest C, forest C, and 612 square meters (hereinafter “Plaintiff’s land”). The Defendant is the owner of two-story housing (hereinafter “Defendant’s building”) constructed on the ground of 650 square meters adjacent to the Plaintiff’s land.

B. A part of a retaining wall among the Defendant’s building is installed on the part of 20 square meters in a ship connected each point of 10, 2, 13, 12, 11, and 10 square meters in attached Form 10, 2, 13, 12, 11, and 10,

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-6, result of a request for surveying and appraisal to appraiser E by this court, purport of whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition as to the removal of the building and the request for delivery of land, since part of the retaining wall among the defendant's building owned by the defendant was affected by the part of the plaintiff's land (b) and occupied that part of the above (b) is occupied, the defendant is obligated to remove the part of the plaintiff's land (b) and deliver the above part (b).

B. As the Defendant gains profit equivalent to the land usage profit by occupying part of the Plaintiff’s land and inflicts damages equivalent to the same amount on the Plaintiff, the Defendant is obligated to return the Plaintiff’s profit as unjust enrichment from July 31, 2015, which is the date of acquisition of the Plaintiff’s ownership, to the date of loss of ownership of the Plaintiff’s land or to the end of the Defendant’s possession.

Furthermore, with respect to the amount of unjust enrichment to be returned by the Defendant, the amount of profit from the possession and use of the real estate in ordinary cases is the amount equivalent to the rent of the real estate. According to the result of the commission of appraiser F by this court as to the appraiser F, it is recognized that the rent from July 31, 2015 to May 15, 2018 as to the part of the Plaintiff’s land was 1,694,000, and that the rent from July 31, 2015 to May 15, 2018.