1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The defendants are the defendants.

1. Facts of recognition;

A. The Plaintiff is the owner of the Seo-gu Incheon Metropolitan City D Land (hereinafter “instant land”), and the Defendants are the owners of the land of Seo-gu Incheon, Seo-gu and its ground buildings adjacent to the instant land.

B. Around May 27, 2013 following the disposition of replotting by Incheon Metropolitan City, part of the boundary of the instant land was changed. According to the land boundary that was changed, some of the buildings owned by the Defendants was invaded by the boundary of the instant land.

C. The area of the part where a building owned by the Defendants was in violation of the boundary of the instant land is 0.4 square meters in the part indicated in the attached Form (A) and 0.4 square meters in the part (B), and 1.5 square meters in the part (C).

[Ground of recognition] Unsatisfy, Gap evidence 1 through 5, Eul evidence 1, Eul evidence 7, Eul evidence 1 (including each number), the result of the measurement and appraisal entrustment to the Korea Intellectual Property Corporation branch office of the court of the trial, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, the Defendants, barring special circumstances, have the duty to remove each of the buildings listed in the attached Tables 2, 3, and 4 existing on the Plaintiff’s land and deliver the land listed in the attached Table No. 1 to the Plaintiff.

B. In addition, from May 28, 2013, the Defendant occupied the land indicated in paragraph (1) of the attached Table without any legal ground to the present day, and obtained profits equivalent to the profits from use, and thereby inflicted damages on the Plaintiff equivalent to the same amount. As such, the Defendant is obligated to return the land to the Plaintiff as unjust enrichment.

Furthermore, regarding the amount of unjust enrichment, the fact that the legitimate annual rent of the instant land is KRW 672,175 (basic price 13,443,500 x 5% interest rate) is no dispute between the parties. According to this, the legitimate monthly rent of the instant land is KRW 56,014 (672,175/12), and the daily rent is KRW 1,841 (672,175/365, and less than KRW 5%).

C. Therefore, the Defendants’ unjust enrichment during the 701-day period from May 28, 2013 to April 29, 2015 1,90.