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1. The defendant is against the plaintiffs:
A. Of the area of 119 square meters in Seosan-si D Road, each point of (1), 2, 3, 4, 5, 6, and 1 attached Form 1, 2, 3, 4, 5, 6, and 1.
Reasons
1. Facts of recognition;
A. The land of this case is owned by the plaintiffs (hereinafter "the land of this case"). The land of this case is owned by the plaintiffs 1/2. The plaintiffs are jointly owned by the plaintiffs, and the land of this case is used as the passage of land E and the above second floor as the passage of detached houses on the land of this case. The defendant is the owner of F land adjacent to the land of this case and detached houses on the second floor above.
B. The Defendant, among the instant land, owns the said part of the instant land by installing a flower on the ground of 20 square meters in part 1, 2, 3, 4, 5, 6, and 1, connected with each point of the attached drawing indication 1, 2, 3, 4, 5, 6, and 1, and occupies the said part of the instant land by installing a water meter meter on the part of “b
C. Meanwhile, the rent from June 25, 2016 to January 24, 2017, among the instant land, is KRW 22,400 in total, and the monthly rent as of January 31, 2017 is KRW 3,200 in total.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4 (including paper numbers), Gap evidence Nos. 5 and 6 (including paper numbers), Gap's measurement and appraisal results, appraiser G's appraisal results, the purport of the whole pleadings
2. According to the fact of recognition on the board, the Defendant is obligated to remove the said portion of “A” and the part of “B” water meters and the part of “A” water meters and hand over each of the said lands to the Plaintiffs, who are the owners of the instant land. The Defendant is obligated to pay the amount calculated by the ratio of KRW 22,400 per month from February 1, 2017 to January 24, 2017, as sought by the Plaintiff, from June 25, 2016 to January 24, 2017, for unjust enrichment acquired by occupying and using the said portion of land 20 square meters.
3. If so, the plaintiffs' claim of this case is justified, and it is so decided as per Disposition.