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1. The Defendant is the Plaintiff as to the land indicated in the attached Table 2 from January 1, 2017 to January 1, 2017.
Reasons
1. Basic facts
A. The land listed in the Attachment List No. 2 (hereinafter “instant land”) was transferred on July 30, 1971 to the network C’s ownership. On September 24, 2013, the ownership was transferred to the Plaintiff on March 31, 2014 due to inheritance by consultation division.
B. The building listed in attached list No. 1 (hereinafter “instant building”) was completed on January 22, 1985 and was registered as a preservation of ownership in the name of the network D on December 30, 1997. On May 13, 1995, H ownership was transferred in the name of the heir on September 11, 2014.
In March 31, 2014, the Plaintiff was transferred on September 24, 2013 due to inheritance by consultation and division.
C. On November 27, 2014, upon filing a request for auction for the partition of co-owned property by the Plaintiff, the decision on commencing auction of the instant building was rendered, and on November 13, 2015, the ownership of the instant building was transferred under the name of the Defendant.
As a result of the appraisal that the instant land is the tea, the rent is KRW 1,627,00 from November 13, 2015 to December 29, 2016, and the rent is KRW 123,100 per month after December 29, 2016.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4 (including each number in the case of a tentative number), Eul evidence Nos. 1 and 2, the result of appraiser I's rent appraisal, the purport of the whole pleadings
2. The assertion and judgment
A. (1) The summary of the Plaintiff’s assertion (1) The Defendant owned the instant building and occupied the instant land, which is its site. Since the Defendant did not have the title to occupy the instant land, the Defendant removed the instant building and delivers the instant land. The Defendant shall pay to the Plaintiff unjust enrichment equivalent to the rent of KRW 1,627,00 and the rent of KRW 1,627,00 from November 13, 2015 to December 29, 2016, equivalent to the rent of KRW 123,100 from January 1, 2017 to December 129, 2016.