1. The Defendant connects the Plaintiff with each point of the attached Table 8, 9, 21, and 8, among the land size of 1615 square meters in Seosan-si, Seosan-si.

1. Basic facts

A. The Plaintiff is the owner of the land in Seosan-si C (hereinafter “instant land”) and operates the restaurant with the trade name “E” (hereinafter “Plaintiff cafeteria”) along with Nonparty D, the husband of the building on the ground.

B. The Defendant, as the owner of F and G land, operates a restaurant in the name of F and G, “H” (hereinafter “Defendant restaurant”).

C. The Defendant, among the instant land, occupies and uses three square meters of land in the ship that connects each point of the attached Table 8, 9, 21, and 8 (hereinafter “instant area”) among the land in the instant case by the entry of customers using the Defendant restaurant.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 17, the result of the on-site inspection by this court, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of claim, barring special circumstances, the Defendant is obligated to deliver the part of the dispute in this case to the Plaintiff, and to pay unjust enrichment equivalent to the rent from October 10, 2014, the delivery date of the copy of the complaint in this case, to the delivery date of the part of the dispute in this case, as sought by the Plaintiff.

As to the specific amount of unjust enrichment, the amount of profit from the possession and use of the real estate in ordinary cases is the amount equivalent to the rent of the real estate. According to the appraiser I’s appraisal statement, the annual rent of seven square meters around the area including the dispute portion of this case from April 20, 2015 to April 19, 2016 (the part where it was found that the Defendant occupied as a result of a request for surveying and appraising the Korea Land Information Corporation) can be recognized as constituting 124,000. Accordingly, the amount of unjust enrichment of three square meters in possession to be returned by the Defendant is 53,142 won per year (i.e., 124,00 won x 3/7 x 3/7).

Therefore, the Defendant is obligated to pay to the Plaintiff unjust enrichment at the rate of KRW 4,428 per month from October 10, 2014 to the completion date of delivery of the instant dispute.