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1. The defendant shall remove the part of the building No. 2 in the attached list to the plaintiff, and the land No. 1 in the attached list.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the Seo-gu Seoul Metropolitan Government C large 394 square meters (hereinafter “Plaintiff’s land”); the Defendant is the owner of the D large 836 square meters (hereinafter “Defendant’s land”) adjacent to the Plaintiff’s land and the owner of the above ground house and warehouse.
B. Around May 4, 200, the Defendant removed the existing house on the Defendant’s land, and newly constructed a house as of September 6, 2000, the Defendant’s house as of September 6, 2000, and each female and some of the fences of the Defendant’s house and warehouse invaded the Plaintiff’s land, as shown in the attached Table, and the building and fenced are the second building as shown in the attached Table.
C. The Defendant is in possession of the land No. 1 listed in the separate sheet owned by the Plaintiff as the Defendant’s housing and fence’s site. From October 11, 2009 to May 31, 2019, the rent amounting to KRW 2,782,00, and the monthly rent after June 1, 2019 was appraised as KRW 28,100.
【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 5, Eul 1, each entry (including each number), and the result of each appraisal commission to the Cheongju, Deputy Governor and E appraiser’s office of this court, and the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the defendant's building, etc. invadeds the plaintiff's land. Thus, the defendant is obligated to remove the second building part of the attached Table No. 2 that affected the plaintiff's land and deliver the land No. 1 in the attached Table No. 1 in possession to the plaintiff.
B. Since the Defendant filed a claim for restitution of unjust enrichment equivalent to the rent without permission from September 200 to the date of the Plaintiff’s possession of the land No. 1 as indicated in the separate sheet, the Plaintiff is obligated to return to the Plaintiff the money calculated at the rate of KRW 2,782,00 per annum and KRW 28,100 per month from June 1, 2019 to the completion date of the delivery of the land.
3. In conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition by admitting it.