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1. The defendant shall be the plaintiff.
A. Of the 166 square meters prior to Incheon Gyeyang-gu, the attached appraisal marks 8, 19, 20, 21, and 8 shall apply.
Reasons
1. As to the cause of claim
A. On October 15, 2009, the Plaintiff completed the registration of ownership transfer with respect to the area of 166 square meters prior to Incheon Gyeyang-gu, Incheon. The Defendant occupied the said portion of land 19 square meters in land (hereinafter “building 1 and land”) as the owner of the building (a) part of the attached Table 8, 19, 20, 21, and 8 in sequence connected with the said land. The Defendant completed the registration of ownership transfer with respect to the said portion of land (a) from October 15, 2009 to December 23, 2015, the rent equivalent to 3,00,436 square meters in proportion to the rent from October 15, 2009 to December 23, 2015; (b) the owner of the said land from December 24 to December 23, 2016 to December 23, 2017; and (c) the Plaintiff acquired the ownership transfer registration with respect to the said portion of land not exceeding 13, 43,130,130.29 square meters in Incheon.
The amount of unjust enrichment equivalent to the rent from December 24, 2009 to December 24, 2015, which the Plaintiff acquired the ownership of the second land, is KRW 3,056,311, and the amount of unjust enrichment equivalent to the rent for the subsequent month is KRW 36,576.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the results of the appraiser E’s survey, the results of the appraiser F’s rent appraisal, the purport of the whole pleadings
B. 1) The Defendant is obligated to remove the building from the Plaintiff, who is a landowner, deliver the land first, and pay unjust enrichment at the rate of KRW 3,00,436 equivalent to the rent from October 15, 2009 to December 23, 2015, and KRW 43,130 per month from December 24, 2016 to December 24, 2016. 2) The Defendant is obligated to remove the building second, deliver the land second, and pay unjust enrichment at the rate of KRW 3,056, KRW 311, and KRW 36,56 from December 24, 2015 to December 25, 2015.
2. The defendant's assertion.