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1. The Plaintiff:
A. The Defendants order each point of the separate sheet Nos. 1, 2, 3, 4, and 1 among the buildings listed in the separate sheet.
Reasons
1. The parties' assertion
A. The Plaintiff may exercise the right to claim the exclusion of disturbance based on the right of possession on the basis of the loan for use or exercise the right to claim the exclusion of disturbance based on the ownership of Incheon Metropolitan City. Therefore, the Defendants, an illegal occupant, are obligated to deliver the attached Form No. 1, 2, 3, 4, and 1, among the buildings listed in the attached Form No. 1, and to pay unjust enrichment equivalent to the rent.
B. The defendants' possessor of the store of this case is D, and the defendants merely have the duty to deliver the store of this case to D's employees.
Even if the Defendants occupied the instant store without permission, they do not incur property damage to the Plaintiff granted the right of free use by Incheon Metropolitan City, so the subject of the claim for return of unjust enrichment shall be deemed to be Incheon Metropolitan City, not the Plaintiff.
2. Facts of recognition;
A. The Plaintiff’s free use, profit-making, and distribution of D stores (1) around December 2006, the Plaintiff promoted a new construction project of F building on the land of 3,798 square meters in Incheon, Incheon, EF, which was created by reclaiming public waters by Incheon Metropolitan City (hereinafter “instant market building”). On May 2008, the Plaintiff implemented a new construction project of this case with subsidies of KRW 200 million and KRW 640 million borne by the Plaintiff as construction cost after obtaining permission for a fishery harbor development project from Incheon Metropolitan City. (2) On February 20, 2009, the instant market building was reverted to Incheon Metropolitan City pursuant to Article 26(1) of the former Fishing Villages and Fishery Harbors (amended by Act No. 9401, Jan. 30, 2009) at the same time with obtaining approval for use on February 20, 2009.
(The Incheon Metropolitan City completed the registration of preservation of ownership of the market building of this case on March 10, 2009). The Plaintiff reported the free use and profit-making of the market building of this case. The Mayor of Incheon Metropolitan City set the period of free use from January 20, 2009 to January 19, 2025.