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1. The defendant shall be the plaintiff.
A. Of the 327 square meters wide prior to Chungcheongnam-gun D, each point in the attached Form 1 through 5, and 1, shall be in sequence.
Reasons
1. Summary of the Plaintiff’s claim
A. A. A claim for the removal of a facility and the delivery of a land (the claim 1) is filed with the Defendant, who owns the Plaintiff, in the order of 327 square meters (hereinafter “instant land”), embling a house on the ground of the part (A) part (a) and 24 square meters (hereinafter “(a)”) (hereinafter “instant land”) connected with each of the points of 4, 3, 7, 6, and 4 square meters in the attached Form (hereinafter “(b)”) and installs an entrance and a warehouse on the ground of 20 square meters (hereinafter “B land”) connected each point of 6 through 9, and 6 square meters in the attached Form (c) connected each of 6 through 6, and 25 square meters (hereinafter “(c) land”) in the order of each of 327 square meters in the attached Form (hereinafter “instant land”). The Defendant occupies the land without permission.
Therefore, the defendant is obligated to remove all facilities installed on the ground of the above (a), (b), and (c) to the plaintiff and to return the above (a), (b), and (c) land.
B. The Defendant has occupied and used the instant land owned by the Plaintiff for 36 months from January 1, 2017 to December 31, 2019, which is equivalent to the rent (the second claim) and has taken economic benefits equivalent to the rent without any legal grounds.
Since the rent of the instant land is reasonable to KRW 100,000 per month, the Defendant, as a sum of KRW 3.6 million to the Plaintiff (i.e., KRW 100,000 per month x 36 months), the Plaintiff asserted from the preparatory document dated December 30, 2019 that the Defendant added the Defendant’s unjust enrichment amount to KRW 1,00,000,000,000,000 for January 30, 2020; however, the Plaintiff did not make an explicit amendment to the purport of the claim by changing the unjust enrichment amount from KRW 3.6 million to KRW 3,70,00,000, and did not submit an increase
Therefore, under the premise that the amount of unjust enrichment for which the Plaintiff seeks to return is KRW 3.6 million from January 1, 2017 to December 31, 2019, the propriety of this part of the claim is determined.
corporation is obligated to return the corporation's unjust enrichment.
C. A claim for reimbursement of various expenses (claim 3) is filed by the Plaintiff.