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1. The defendant,
(a) 182,932 won to Selection C and 5% per annum from August 25, 2017 to November 10, 2017;
Reasons
1. Basic facts
A. On August 31, 1995, the preservation registration was completed on seven lots of land (total of 7,124.1 square meters), such as the Yangcheon-gu Seoul Metropolitan Government D-gu 34.7 square meters (hereinafter “instant land”).
B. The plaintiff (Appointed) and the designated parties are the sectional owners of the apartment of this case, and the ratio of the site ownership is as stated in the column of the site ownership on the attached Table for unjust enrichment.
(If a sectionally owned building is co-owned, two persons shall be written in the column for the selection of unjust enrichment sheet, and their shares shall be 1/2, respectively).
The Defendant is the owner of the building and the building on its ground adjacent to the site of the instant apartment in Yangcheon-gu Seoul Metropolitan Government. From around 2000, the Defendant installed the temporary fence on the (A) section 29.8m2 on the ground of the attached Table No. 1, 2, 9, 6, 7, 8, and 1, connected each point on the ground of the instant apartment site, which is the site of the instant apartment from around 2000, and used it as a temporary warehouse (the wall of the instant apartment was installed in the vicinity of the retaining wall of the instant apartment).
On May 26, 2017, the Defendant removed the temporary fence, etc. on the instant land and handed over the said 29.8 square meters to the Plaintiff (Appointed Party) and the designated parties.
【Unsatisfyal grounds for recognition】In the absence of dispute, Gap evidence 1-1 through 7, Gap evidence 2-1 through 217, Gap evidence 3, 5, 6, Eul evidence 5-1 through 6, Eul evidence 6-1 through 6-9, and the purport of whole pleadings and arguments
2. The Defendant, who incurred unjust enrichment, has occupied and used the above 29.8 square meters of the instant land among the instant land, thereby gaining profits without any legal grounds, and resulting in damage to the Plaintiff (Appointed Party) and the designated parties, who are the right holder of the instant land. Therefore, barring any special circumstance, the Defendant is obligated to return unjust enrichment from the possession of the said 29.8 square meters of land among the instant land to the Plaintiff (Appointed Party) and the designated parties.
3. Judgment on the defendant's defense, etc.
(a) Judgment on the completion of the statute of limitations for possession (1).