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1. Defendant E indicated in the attached Form No. 37, 7, 11, 12, 13, 14, 34, 35, 26, 27, and 28.
Reasons
1. Facts of recognition;
A. On May 8, 2008, the registration of ownership transfer was completed on May 8, 2008 with respect to 217 square meters of the Incheon Seo-gu FF road (hereinafter “F road”) and 54 square meters of G road (hereinafter “G road”).
B. On June 20, 2013, Defendant B completed the registration of transfer of ownership on June 26, 2013, with respect to the 1,834 square meters of H and the 324 square meters of a general steel structure, sand position plate, and one story of the above ground ground, and the 324 square meters of a Class I neighborhood living facility (hereinafter “Defendant B building”).
피고 B 건물은 F 도로 중 별지 도면 표시 35, 34, 15, 16, 17, 18, 19, 20, 48, 47, 46, 45, 24, 25, 35의 각 점을 차례로 연결한 선내 ㉳ 부분 92㎡의 경계를 침범하였는데, 2018. 10. 8. 경계복원측량을 하여 침범 부분 철제 담장을 철거하였다.
C. On May 13, 2013, Defendant E completed the registration of transfer of ownership on May 30, 2013, with respect to the 1,840 square meters and the 324 square meters of a Class I neighborhood living facility (hereinafter “Defendant E building”) on one story of the general steel structure, sand site location plate, and one story of the above ground.
Defendant E-building, in line with the following points, is a part of 109 square meters and part of 30,31,32,34, 26, 27, 28, 29, 36, and 37 of the attached drawing among F-road and a part of 30,31, 32, 33, 34, 5, 6, 7, 37, 38, 39, 39, 10, and 30 square meters of the attached drawing among G road, is constructed on the ground by breaking the boundaries of 45 square meters in line with each point of 37,7, 11, 12, 13, 14, 35, 26, 27, 28, 29, 36, and 37.
[Ground of recognition] Evidence No. 1-1, 2, Evidence No. 3-1, 2, Evidence No. 5-1, 2, and Evidence No. 11-2, the result of the survey and appraisal by the Vice Governor of the Korea National Land Information Corporation, and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, Defendant B, who occupied part of the F road owned by the Plaintiff, obtained unjust enrichment equivalent to the rent, and thus, obligated to return it. Defendant E occupies part of the F road and G road owned by the Plaintiff, and thus, the relevant occupied part is handed over, and unjust enrichment equivalent to the rent.