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The Defendant, as the Plaintiff
A. Of the 71 square meters prior to Pyeongtaek-si D, 1, 51, 61, 71, 81, 1, 99, 1, 1, 1, 4.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff completed the registration of ownership transfer on September 27, 2019 with respect to the land of this case, which is owned by the Defendant, as described in the Disposition No. 1-5 (hereinafter “instant building, etc.”) and the fact that the Defendant occupied and used the instant land as the site of the instant building, etc., by taking account of the following facts: (a) the Plaintiff’s written evidence No. 1-5 and the result of the survey and appraisal on the Pyeongtaek-si branch office of the Korea Land Information Corporation; and (b) the Plaintiff completed the registration of ownership transfer on September 27, 2019.
B. According to the above facts, the Defendant is obligated to remove the instant building, etc. and deliver the instant land to the Plaintiff. Since the Plaintiff only sought delivery of the part of the instant land where the instant building, etc. is located, upon the Plaintiff’s request, only the duty to deliver the part where the instant building, etc. is located is recognized.
C. Since the Defendant claiming unjust enrichment without legitimate authority from September 27, 2019 that the Plaintiff acquired ownership of the instant land from September 27, 2019, the Defendant is obligated to return to the Plaintiff unjust enrichment equivalent to the rent from the possession and use of the instant land.
However, according to the result of the appraisal of rent for appraiser E, it is recognized that the difference of the instant land is equivalent to KRW 218,680 per month. Thus, the Defendant is obligated to pay the Plaintiff money calculated by the ratio of KRW 218,680 per month from September 27, 2019 to the completion date of the delivery of the instant land.
2. The defendant's assertion and judgment are asserted to the effect that only the part of the instant land where the instant building, etc. is located, is occupied and used, and that the remaining part of the instant land is not occupied and used. However, the defendant's argument and judgment are all pleadings as a result of the commission of the measurement and appraisal as to the letter Nos. 1 and 2, and the land office of the Korea Land and