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Reasons
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(영문) 전주지방법원 2017.02.15 2015가단31034
토지인도 등
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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Of the 572m2 m2 (attached Form 1) in Kim Jong-si, the indication of drawings 5, 16, 17, 18.

Reasons

1. Basic facts

A. The Plaintiff acquired the ownership of the instant land on May 16, 2006.

B. The Defendant installed a fence on the line, which connects each point of 5, 16, 17, 18, 19, 20 of the instant land (attached Form 1), from the time before October 1, 2005 to the date of the closing of argument in the instant case, in order to each point of 5, 16, 17, 18, 19, 20 of the drawings, and to each point of 21, 22, 3, 23, 24, 21 of the same drawings, which connects each point of 21, 22, 22, 23, 24, 25 of the same drawings, and 25 of the same drawings, to the (D) part of the attached warehouse (attached Form 2), 8m29, 31, 30, 27, and 29m29 of the same drawings, and to each of the (e) part of the instant agricultural machinery storage (hereinafter referred to as “the aforementioned part 15m or 25m.”).

C. From October 1, 2005 to September 30, 2015, the rent for the term of possession of the instant portion is KRW 228,455, and the monthly rent after October 1, 2015 is KRW 2,151.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 8, and 9 (including paper numbers), the result of a request for surveying and appraisal to the Korea Land Information Corporation Kim branch of the Korea Land Information Corporation, the result of appraiser D's appraisal of rent, the purport of the whole pleadings

2. Determination as to the cause of the principal claim

A. According to the facts of recognition of Paragraph (1) of the part for claimant, the defendant is obligated to remove the obstacles of this case to the plaintiff, deliver the occupied part of this case to the plaintiff, and pay unjust enrichment calculated by applying the ratio of KRW 228,455 to 2,151 per month from October 1, 2005 to September 30, 2015 and from October 1, 2015 to the completion date of delivery of the occupied part of this case to 2,151.

B. 1) The part concerning the claim for the removal of a wall is the same as the second part of the claim for the removal of the wall (attached Form 3).

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