Text
1. The defendant shall be the plaintiff.
A. At Jeju, a pipe 2,917 square meters above ground shall be attached to the temporary structure of a pipe 28 square meters above ground.
Reasons
1. Basic facts
A. On July 6, 2007, the Plaintiff is subject to the disposition of 1-A.
On July 3, 2007, with respect to 2/3 shares of the land listed in the subsection (hereinafter “instant land”), the registration of transfer of shares was completed on July 3, 2007.
B. The defendant, from acquiring 2/3 shares of the land of this case to the time of closing argument of this case, ordered 1-A of the land of this case.
Each temporary object described in the subsection (hereinafter referred to as “each temporary object of this case”) is installed and owned, and the land of this case is occupied.
C. From July 6, 2007 to January 19, 2016, the actual rent for the portion used as a site for each of the instant temporary items among the instant land, which the Plaintiff acquired 2/3 shares in the instant land, is KRW 3,605,338, and the actual rent for the said portion after January 20, 2016 is KRW 45,495, monthly.
【Ground of recognition】 The fact that there is no dispute over the grounds for recognition, each entry or video of Gap’s evidence of subparagraphs 1 through 3 (provisional number omitted), appraiser D, E’s survey and appraisal results, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, unless the defendant has a legitimate title to occupy the land of this case, he/she shall remove and deliver the land of this case to the plaintiff, the co-owner of the land of this case, and upon the plaintiff's request, he/she is obligated to pay money at the rate of 15% per annum from May 10, 2016 to the date following the delivery of a copy of the claim of this case and the application for change of cause, which constitutes unjust enrichment equivalent to the rent corresponding to the portion used as the site of each of the instant temporary sites, among the land of this case, and the amount calculated at the rate of 2,403,558 won (3,605,338 wonx 2/3) and the money at the rate of 30,300 won (45,495 wonx 2/33) from January 20, 2016 to the date of delivery of the above land.
3. The defendant's assertion is against F, G, and H, the original co-owner of the land of this case, around 199.