1. The defendant shall keep in sequence each point of 2, 11, 12, and 6 of the attached Form No. 1 among the land listed in the attached Table No. 1.

1. Facts of recognition;

A. On July 14, 1995, the Plaintiff is the owner who completed the registration of ownership transfer with respect to the land listed in Paragraph (1) of the annexed Table No. 1 (hereinafter “instant land”) and the Defendant is the owner who completed the registration of ownership transfer with respect to the land listed in Paragraph (2) of the annexed Table No. 2 on July 28, 2008 (hereinafter “instant land No. 2”).

B. The boundary line between the land No. 1 and the land No. 2 of this case is the line that connects each point of 1, 2, 3, 4, and 5 in the annexed drawing in sequence.

C. Among the land No. 1 of this case, a block fence (hereinafter “the instant fence”) is installed on the line that connects each point of 2, 11, 12, and 6 in sequence with the indication of the attached drawing among the land No. 1 of this case. The instant fence is installed on the line that connects each point of 2, 3, 4, 5, 6, 12, 11, and 2 of the attached drawing among the land No. 1 of this case.

[Ground of recognition] A without dispute, entry of Gap evidence 1 and 2, each video of Gap evidence 4 and 5 (including each number), the result of this court's request for surveying and appraisal to the male branch of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition as to removal and delivery request, it is reasonable to view that the Defendant occupied and used part 7 square meters of the part on the ship (hereinafter “the part on the ship occupied by the Defendant”) connected with each point of the attached Form No. 2, 3, 4, 5, 6, 12, 11, and 2 in sequence among the land No. 1 of this case, and therefore, the Defendant is obligated to remove the wall of this case and deliver the part on the land No. 1 of this case possessed by the Defendant.

B. According to the above facts, the defendant is obligated to return unjust enrichment that occurred during the period of occupation and use of the defendant to the plaintiff. 2) In ordinary cases, the amount of unjust enrichment that the defendant should return to the plaintiff. The amount of unjust enrichment that the defendant should return is equivalent to the rent of the real estate.

According to the appraiser C's appraisal result, the land No. 1 of this case is examined.