1. The Defendant, among the 132 square meters in Gyeong-gun, shall each include the Plaintiff, and each of the following: 1; 2; 3; 4; 5; 6; 1.

1. Basic facts

A. D. On October 4, 1976, D and E acquired the ownership of each one/2 share of FF of 344 square meters in Haan-gun, Haan-gun, Haan-nam on a separate basis. On November 18, 1976, D and E divided one of the F land before the said division into C.

As a result, D and E shared 1/2 shares of F large 212 square meters and C large 132 square meters, respectively.

(hereinafter referred to as “F land” and “C land” respectively. (b)

D around 197, around F land and the C’s ground, a 49.59 square meters (hereinafter “Defendant’s housing”) was constructed on the B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-C-B-B-B-B-B-B-B-B-B-B-

C.D purchased 1/2 of the F land from E on December 18, 1978 and became a sole ownership, and D and E sold C land to G on the same day.

As D dies, the Defendant completed the registration of ownership transfer on F land and Defendant’s housing on April 16, 2012, and the Plaintiff acquired C’s ownership on April 13, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, 4, Eul evidence 1, 2, and 3

2. The assertion and judgment

A. According to the above facts, the Plaintiff, as the owner of C’s land, may file a claim for the exclusion of disturbance with the Defendant pursuant to Article 214 of the Civil Act. Thus, the Defendant is obligated to remove the building constructed on the ground of B, and deliver the part to the Plaintiff. 2) Meanwhile, the Plaintiff filed a claim for the return of unjust enrichment equivalent to the rent of KRW 200,00 per month from April 20 to the delivery date of the part B from April 20, 2017. However, it is insufficient to recognize the rent of KRW 20,00 per month only with the statement of evidence No. 3, and the Plaintiff did not file an application for the appraisal of rent.