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1. The defendant shall be the plaintiff.
(a) Of the land listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 10, 9, and 1.
Reasons
1. Basic facts
A. On August 1, 2003, the Plaintiff completed the registration of ownership transfer as the receipt No. 1077 of Sep. 30, 2003 with respect to the land listed in the separate sheet (hereinafter “instant land”).
B. Since before December 1, 2008, the Defendant installed concrete packaging on the ground of 58 square meters in part (b) in the ship connecting each point of the attached Form No. 1, 2, 3, 10, 9, and 1 among the instant land, and occupies the land as a road.
[Reasons for Recognition] Fact that there is no partial dispute, entry of Gap evidence 1, result of a request for surveying and appraisal to the chief of the Ulsan Military Branch Office of the Korea Cadastral Corporation, the purport of the whole pleadings
2. Determination as to the cause of claim
A. Since the Defendant possessed the part of the instant land owned by the Plaintiff as a concrete package, barring any special circumstance, the Defendant is obligated to remove the part of the instant land occupied by the Defendant and deliver the part of the land to the Plaintiff, and return unjust enrichment equivalent to the rent to the Plaintiff.
B. Furthermore, with respect to the amount of unjust enrichment, according to the result of the commission of appraisal of rent to the head of the Pacific Property Corporation, the Pacific Property Corporation, the Pacific Land Corporation, Daegu North Korea Branch, the following table is as to the rent for the portion occupied by the Defendant. As so, the Defendant, as requested by the Plaintiff, is obligated to pay to the Plaintiff delay damages calculated at the rate of 20% per annum from August 28, 2014 to the day following the delivery date of the application for change of claim and cause of claim, to the amount of unjust enrichment of 851,160 won in the portion occupied by the Defendant from June 1, 2008 to July 31, 2014, and from August 27, 2014, to the day of complete payment. The Defendant calculated at the rate of 15,250 won in the Plaintiff’s ownership of the part occupied by the Defendant’s land from August 1, 2014 to the day of completion of delivery of the part owned by the Defendant.