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1. The Plaintiff:
A. Defendant B is one of the categories of reference indicated in the attached Form 1 to 4, and 1 among the 1187 square meters of land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.
Reasons
1. Facts of recognition;
A. On February 2003, 2003, the Plaintiff purchased D large scale 1187 square meters (hereinafter “instant land”) in Chungcheongnam-gun, Chungcheongnam-gun, and completed the registration of ownership transfer.
B. Prior to the Plaintiff’s acquisition of the instant land, Defendant C occupied the said land while possessing an unregistered building on the ground, and sold the said building to Defendant B around August 20, 209.
C. Around August 20, 2009, Defendant B began to possess the instant land since purchased the instant unregistered building from Defendant C. At present, Defendant B owned the instant land in line with each point of (a) section 1 to 4, and 1 of the attached Form No. 1, connected on the above land in order to each point of 28m2, 5 through 8, and 5m2, connected on the ground in line with each point of 76m2 (b) and part of 76m2, 9 through 13, and 9m2 (hereinafter collectively referred to as “instant building, etc.”).
The rent of the instant land is KRW 3,056,00 in total from August 20, 2007 to August 19, 2009, and KRW 9,779,00 in total from August 20, 209 to August 19, 2014.
The monthly rent after the above period shall exceed 20,000 won.
[Ground of recognition] Unsatisfy, entry and video of Gap 1 through 4, the result of appraiser E’s appraisal of rent, the result of the surveying and appraisal by the Korea Land Information Corporation, the purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the facts of recognition as above, Defendant B, who occupied the instant land without permission, is obligated to remove the instant building, etc., deliver the said land to the Plaintiff, who is the owner of the said land, and pay unjust enrichment calculated by the ratio of KRW 200,00 per month from August 20, 2009 to August 19, 2014, and from August 20, 2014 to August 20, 2014, as sought by the Plaintiff.
B. According to the facts of recognition as above, Defendant C, who occupied the instant land without permission, is obligated to pay the Plaintiff, the owner of the said land, an unjust enrichment of KRW 3,056,00.