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1. The defendant shall be the plaintiff.
A. Of the land size of 569 square meters in Gangnam-gu Seoul Metropolitan Government, indication 16, 6, 20, 19, 18, 17, and 16 of the attached appraisal drawings.
Reasons
1. Facts of recognition;
A. On May 19, 2016, the Plaintiff is the owner who acquired a large scale of 569 square meters in Gangnam-gu Seoul Metropolitan Government, and the Defendant is the owner of the D single-story house adjacent to the Plaintiff’s land.
B. The Defendant’s building intrudes the Plaintiff’s land as much as the attached appraisal drawings A and B, and uses the entire part as entry.
C. B from May 19, 2016 to June 20, 2017, the amount equivalent to the rent of the portion in C is KRW 6,89,800, and the amount equivalent to the rent of the following month is KRW 549,530.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 to 4, the purport of the whole pleadings
2. Determination
A. According to the facts found, the Defendant is obligated to remove the part of the Plaintiff’s land intrusion to the Plaintiff, deliver the part used for entry to the Plaintiff as unjust enrichment, and pay the amount calculated by the ratio of KRW 6,899,800 and KRW 549,530 per month from July 20, 2017 to the delivery of the portion.
B. The defendant asserts that the plaintiff's claim is an abuse of right, the plaintiff's right to passage over surrounding land, and the previous owner has renounced exclusive right to use and benefit.
The above evidence alone is insufficient to admit the defendant's assertion, and there is no other evidence to acknowledge it.
3. citing the Plaintiff’s claim for conclusion