1. The defendant shall be the plaintiff.

A. Of the 367 square meters in the annexed sheet C, Chungcheongnam-do, Chungcheongnam-do, Cheongnam-do, an indication of the status survey, c. 3, 4, 9.

1. Basic facts

A. On August 5, 2010, the Plaintiff completed the registration of transfer of ownership on the ground of donation on August 3, 2010, with respect to CY 367 square meters (hereinafter “instant land”).

B. The Defendant is the owner of a building of 314 square meters adjacent to the instant land, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, which is located in the building register of 48.59 square meters on the ground of the said land.

C. Meanwhile, on the ground of the instant land, a cement brick building (hereinafter “the instant building”) was constructed on the ground of the section (B) which connects each point of 82m2, 82m2, 199, 49, 303, and 82m2,000 square meters on the ground of the instant land, and the Defendant currently occupies and uses it.

[Ground of recognition] Evidence Nos. 1 and 5, Evidence Nos. 2-1 and 2-2, and the purport of the whole pleadings

2. Determination

A. According to the above facts, unless the defendant proves that he has the right to possess the land of this case, the defendant is obligated to remove the building of this case to the plaintiff seeking the removal of interference based on ownership, and deliver the land of this case to the above (B), and is obligated to return unjust enrichment equivalent to the usage fees.

As to the scope of return of unjust enrichment, according to the result of the appraisal of rent for appraiser E by this court, it can be acknowledged that the rent from August 5, 2010 to August 4, 2019 constituted 2,907,600, and the monthly rent from August 5, 2019 to August 5, 2019 constituted 28,700. Since it is confirmed that the monthly rent from August 5, 201 is equivalent to the above amount, the Defendant is obligated to return unjust enrichment from August 5, 2019 to the Plaintiff at the rate of 28,70 won each month.

B. The Defendant built the instant building in the 1970s and resided therein for 40 years, and the Plaintiff did so.