1. The defendant shall be the plaintiff.

A. Of the area of 552 square meters in Namyang-si, the respective points are indicated in attached Form 14, 15, 16, 17, and 18.

Facts of recognition

On February 6, 2007, the Plaintiff acquired the ownership of CJ 552 square meters (hereinafter “instant land”).

The defendant owns a building and warehouse on the ground of the land D in Namyang-si, Namyang-si (hereinafter referred to as the "building of this case").

The instant building is constructed on the 5 square meters above the ground level (ware) in the part of the instant building, which connects each point of Annex 1, 14, 15, 16, 17, and 1 to each point of Annex 1, 1, 14, 15, 16, 17, and 18, and each point of Annex 18, 19, 20, 21, 22, and 18, are successively connected to each point of Annex 1, 14, 15, 16, 17, and 18, and a fence is installed on the boundary line connected each point of Annex 14, 15, 16, 17, and 18.

On the other hand, among the land in this case, the part 33 square meters in the ship connecting each point of the attached Table 1 drawings Nos. 1, 2, 3, 18, 17, 16, 15, 14, and 1 among the land in this case (hereinafter “the land in this case”) is used as the site and the summary of the building in this case.

According to the result of the appraisal of rent conducted by this court, the amount equivalent to the rent for the possession of this case from June 18, 2009 to May 31, 2020 is 12,393,000 won, and the monthly rent as of May 2020 was assessed as 94,000 won.

[Reasons for Recognition] Facts without dispute; Gap evidence Nos. 1 and 3; the result of the request for measurement and appraisal by this court for the South Yangyang Korea Land Information Corporation; the result of appraiser E’s appraisal of rent, and the purport of the entire pleadings, the above recognition facts are as follows. Since the building and fence owned by the defendant were built by intrusion on the land of this case and the occupied part of this case is being used as the site and summary of the building of this case, the defendant, who is the owner of the land of this case, removed the affected building and fence; delivered the occupied part of this case to the plaintiff, who is the owner of this case; and unjust enrichment from the occupation of the land of this case.