1. All of the instant claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The assertion and judgment

A. The Defendant asserted that the land of this case was illegally occupied and used without the Plaintiff’s permission by installing a cream on the container indicated in the separate sheet owned by the Plaintiff (hereinafter “instant land”).

Accordingly, the plaintiff is seeking removal of containers and delivery of the site as a claim for removal of interference based on ownership, and seek restitution of unjust enrichment equivalent to the rent or compensation for damages.

B. Determination of whether a building without authority is owned on the land owned by another person, barring special circumstances by itself, shall be deemed as gaining profits equivalent to the rent for the land owned by another person without legal cause and thereby giving damages equivalent to the rent for the land owned by another person. The same applies to cases where a building is owned on the land owned by another person without authority on the land owned by another person.

On the other hand, even if the owner of a building or structure actually occupies or uses the building, etc., he/she cannot be deemed to possess or use the site of the building, etc., and the owner of the building or structure should be deemed to have occupied or used the site.

(See Supreme Court Decision 201Du10348 Decided July 24, 2014, and Supreme Court Decision 2009Da28462 Decided September 10, 2009, etc.). In light of the aforementioned legal principles, the health class, although there is no dispute between the parties as to the fact that the Defendant previously occupied a container located on the instant land, it cannot be deemed that the Defendant possessed the instant land itself only by this fact, and there is no evidence to acknowledge that the instant land, the site of which the Defendant owned the instant container, was also occupied by the Defendant.

Therefore, without examining further claims for the payment of money equivalent to the Plaintiff’s removal, delivery, and rent of the instant case.