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1. Defendant B, among the 99m2 attached Form No. 2, 3, 4, 12, 11, and 2, indicated in the attached Form No. 2, 3, 4, 12, 11, and 2 to the Plaintiff
Reasons
1. Determination as to the cause of claim
A. The Plaintiff, on May 20, 198, completed the registration of transfer of ownership based on sale with respect to the land of Gangseo-si D 9m2 (hereinafter “instant land”).
On February 12, 2001, Defendant C completed the registration of ownership transfer with respect to a 78.33 square meters (hereinafter “instant building”). Defendant B completed the registration of ownership transfer with respect to the instant building on September 23, 201, as to the instant building on September 19, 201.
The instant building was built near the relevant land. Of the instant land, the instant building was located in the area of 60 square meters indicated in the annexed drawing indicating “A” among the instant land, and a fence is installed on the boundary between the area of “B” and “C” as indicated in the annexed drawing.
[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 3-6, on-site inspection and appraisal result, the purport of the whole pleadings
B. 1) According to the facts of recognition of the removal of the building and delivery of the land, Defendant B, the owner of the instant building, has the duty to remove the instant building and fence, etc. on the ground of the instant land and deliver the instant land to the Plaintiff, barring any special circumstances. 2) According to the above facts of recognition of unjust enrichment, the Defendants, by occupying the instant land through the ownership of the instant building, obtained profits equivalent to the rent without any legal ground, and thereby, incurred considerable loss to the Plaintiff, is obligated to return the amount equivalent to the rent to the Plaintiff as unjust enrichment.
Furthermore, after Defendant C acquired ownership of the building of this case, the amount equivalent to the rent from September 1, 2001 to September 22, 201, the day before Defendant B acquired ownership of the building of this case from September 1, 2001, which was ten years before the date when the Plaintiff claimed unjust enrichment equivalent to the rent, shall be KRW 4,358,870, and the amount equivalent to the rent from the following day to May 31, 201, shall be KRW 339.