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1. The defendant shall be the plaintiff.
(a) remove the buildings listed in Annex 1 List 1;
(b)as set out in [Attachment 1] 2 and 3;
Reasons
1. Basic facts
A. On February 11, 2015, the Plaintiff completed each registration of ownership transfer on the grounds of sale on February 4, 2015, regarding the land listed in [Attachment 1] List 2 and 3 (hereinafter “each of the instant land”).
B. On June 7, 2011, the Defendant completed the registration of initial ownership relating to the building listed in [Attachment 1] Paragraph (1) of [Attachment 1] (hereinafter “instant building”). The instant building is located on the ground of the part “B” indicated by the Map 2 among each of the instant land.
C. On the other hand, on the ground of 12m2, a part of “A” connected in order to each point of Annex 1, 2, 3, 4, and 1 among the lands listed in Annex 1 List 3, the “the instant container” is deemed to be “the instant container owned by the Defendant.”
. [The facts of no dispute between the parties to the basis for recognition, the entry of Gap evidence 1-1-3, Eul evidence 2-2, the result of the request for surveying and appraisal by this Court, the purport of the whole pleadings.
2. Determination
A. According to the above facts, the defendant, barring special circumstances, has the duty to remove the building of this case, remove the container of this case, deliver each of the land of this case without legitimate authority, and return gains from occupying and using each of the land of this case as unjust enrichment. 2) Furthermore, with respect to the amount of unjust enrichment to be returned to the defendant, the amount of gains from occupying and using each of the land of this case shall be the amount equivalent to the rent. According to the result of the court's entrustment of appraisal of rent, the monthly rent for each of the land of this case from February 11, 2015 to June 10, 2015 can be recognized as a total of 279,990 grounds for the termination of the pleadings of this case. Accordingly, the amount of unjust enrichment to be returned by the defendant shall be the amount at the rate of KRW 90,990,90 from February 11, 2015 to June 10, 2015.
Therefore, 3.