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1. The defendant shall be the plaintiff.
A. Of the land size of 106 square meters in Gyeong-gun, Seongbuk-gun, Sung-gun, Sung-gun, each point of the attached Table 17 to 21, 10, and 17 is indicated.
Reasons
1. Facts of recognition;
A. On March 15, 2010, the Plaintiff completed the registration of ownership transfer on December 12, 1998 with respect to 216/419 of shares of 106 square meters in Seongbuk-gun, Sung-gun, Sung-gun (hereinafter “instant land”). On January 13, 2017, the Plaintiff completed the registration of ownership transfer on the ground of mutual title trust termination on August 18, 2016 with respect to 203/419 of shares of the instant land.
B. Around December 190, the Defendant purchased a house on the instant land (attached Form 17 to 21, 10, and 17; hereinafter “instant house”) from D in order to purchase a house on the instant land (attached Form 17 to 21, 10, and 17; hereinafter “instant house”) and occupied a part of the site on the instant land, which connected D in order to each point of 6, 22 through 26, and 6 of the indication on the (c) section of (d) the housing and the attached appraisal on the ship connected in order to each point of 6, 22 through 26, and 6; hereinafter “instant house”).
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, result of survey appraisal, purport of whole pleadings
2. Determination:
A. According to the facts of the removal of housing and the recognition of the above transfer of land, the defendant has a right to remove the housing of this case on the ground without any title to the land of this case, and thus, the defendant has a duty to remove the housing of this case and deliver the land of this case to the plaintiff in line with each point of the attached Table 13 through 16, 6 through 10, 17, and 13 in sequence.
B. From August 1, 2007, the Plaintiff sought payment of unjust enrichment calculated by the ratio of KRW 180,000,000 per annum from the date when the delivery of the land was completed (i.e., officially assessed individual land price in 2017 x 164,600/m2 x 38m2 x 38m2 x 3%).
According to the above facts, since the defendant without any title occupies and uses the above part of the land in this case without title, it is obligated to pay to the plaintiff the amount of unjust enrichment equivalent to the rent.
However, prior to the filing of the instant lawsuit, the Plaintiff against the Defendant.