1. The Defendants shall:

A. Of the land listed in the separate sheet Nos. 5, 6, 7, 8, and 5 of the annexed sheet No. 1 to Plaintiff B, each point shall be followed.

Facts of recognition

On July 11, 2012, the Plaintiffs acquired each share of 1/2 of the lands listed in the separate sheet (hereinafter “instant land”) at an auction procedure.

The Defendants are co-owners of the Gyeonggi-si E’s land adjacent to the instant land, and the Plaintiffs A.

As stated in paragraph (1), one garment, etc. and one garment, which had been connected in order to each point of 5, 6, 7, 8, and 5 of the land of this case among the land of this case, have been installed in a part of 35 square meters “bb” (hereinafter “the part in the instant case”) and has been occupied by installing one garment, such as a garden.

Plaintiff

A on January 22, 2018, transferred 1/2 of its shares among the land in this case to Plaintiff B.

(Reasons for Recognition) Facts without dispute, each entry of Gap evidence 1 through 3 (including each number), appraiser F, and G’s result of each appraisal, the purport of the whole pleadings.

Judgment

As seen earlier, with respect to the removal of facilities and the claim for delivery of land, the Defendants possess one knife and one knife, etc. on the part of the instant land owned by the Plaintiff B among the instant land. As such, the Defendants must remove the said facilities and deliver the said part of the said facilities to the Plaintiff B.

However, on January 22, 2018, Plaintiff A transferred his/her share in the instant land to Plaintiff B, and thus, the Defendants did not have the authority to seek removal of facilities and delivery of land.

Therefore, we cannot accept the Plaintiff’s claim for this part of the claim.

As to the claim for return of unjust enrichment, the Defendants occupied the part of the instant intrusion that the Plaintiffs shared without legitimate title, and thus, the Plaintiffs’ unjust enrichment should be returned to the Plaintiffs from July 11, 2012 to the completion date of delivery of the above part.

According to the appraiser G’s appraisal result, the rent from July 11, 2012 to December 31, 2017 of the instant intrusion part is KRW 3,139,00, and the rent is from January 1, 2018 to July 11, 2018.