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1. The defendant shall in order to the plaintiff each point of the attached Form 1, 2, 3, 4, and 1 among the 419 square meters in the Seoul Special Metropolitan City, Gangwon-do D Special Metropolitan City 419 square meters.
Reasons
1. Basic facts
A. The Plaintiff was originally owned by Nonparty F, but the Plaintiff acquired ownership of the said land by paying the sale price on April 9, 2015 through the public sale procedure, even though the Plaintiff paid the sale price on April 9, 2015.
B. The Defendant owns two-story buildings (hereinafter “instant building”) on the part (a) of the ship connecting each point in order of indication 1, 2, 3, 4, and 1 of the annexed drawings among the area of 419 square meters in Seoul Special Self-Governing City, Gangwon-do, which connects each point in the order of indication 1, 2, 3, 4, and 1 of the annexed drawings.
C. The amount equivalent to the rent for the instant building site is KRW 209,000 per month.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 8, result of appraiser G's rent appraisal, the purport of the whole pleadings
2. Determination
A. According to the facts of recognition as to the cause of the Plaintiff’s claim, the Defendant, who occupied and used the instant building site among the instant land, has a duty to remove the instant building to the Plaintiff, the owner of the instant land, and deliver the said site, and pay the money calculated by the ratio of KRW 209,000 per month, which is the amount equivalent to the rent for the instant building, from April 9, 2015 to the completion date of the removal of the instant building, from April 9, 2015, which is the acquisition date of the Plaintiff’s ownership of the instant land.
(A) The Plaintiff sought to transfer the entire land of this case to the Defendant, but there is no evidence to prove that the Defendant occupied and used the part other than the land of this case, and thus, the Plaintiff’s claim for the above part of this case is not accepted. Moreover, the Plaintiff sought to pay the money calculated at the rate of KRW 1,00,000 per month for unjust enrichment, but the amount equivalent to the rent for the site of this case, which the Defendant occupied and used, is 209,000 per month. As seen earlier, the Plaintiff’s claim for the exceeding part of this case is without merit).
The defendant's defense, etc. is first determined by the defendant, and this case.