1. The defendant shall be the plaintiff.

(a) Of the land listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, 20, 1.

1. Facts of recognition;

A. The Plaintiff is the owner of the land indicated in the attached list (hereinafter “instant land”), and the Defendant is the owner of CJ 478 square meters and its ground house (hereinafter “instant housing”) adjacent to the instant land at the time of strike adjacent to the instant land.

B. The defendant acquired the ownership of the above land on July 9, 2002 and newly constructed the above ground house, and since March 30, 2006, he is residing in the above house.

C. However, the part of the wall installed by the Defendant for the above housing (the part connected with each point of the No. 1, 2, 3, and 4 attached Form No. 1, 2, 3, and 4; hereinafter “the wall of this case”) invadeds on the land of this case, and the Defendant occupied and used the part of “B” in the order of each point of No. 1, 2, 3, 4, 20, and 1 among the land of this case, and there is a septic tank installed in the underground part of the above “B”.

[Ground of recognition] Unsatisfy, Gap evidence 1-1-3, the result of the request for surveying and appraisal to the director of the Korea Cadastral Corporation ordering the Korea Cadastral Corporation, the purport of the whole pleadings

2. Determination:

A. (1) According to the above facts, the Defendant, the owner of the instant land, is obligated to deliver the part of the instant bedrooms of the instant land to the Plaintiff, and remove the septic tanks installed underground and the fences of the instant case. The Defendant benefiting from the use of the part of the instant bedrooms of possession.

Therefore, it is obligated to return it as unjust enrichment.

(2) Furthermore, the amount of unjust enrichment is the amount equivalent to the rent of the real estate in ordinary cases, and the amount of profit from the possession and use of the real estate is the amount equivalent to the rent of the real estate. According to the evidence No. 4, the Defendant newly constructed the instant house and constructed the instant fence and septic tank, and the rent equivalent from March 30, 2006 to December 31, 2006, as the Plaintiff seeks, from March 30, 2006 to December 31, 2006 = 20,048 won x 26,418 won x 277/365 days.