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1. The defendant shall be the plaintiff.
A. Of the 1,025 square meters in Busan Geum-gu, Busan, each point of which is indicated in the attached Form 19,20,21,22,19, among the land areas of 1,025 square meters.
Reasons
1. Basic facts
A. The Plaintiff purchased the above land from the voluntary auction procedure (Jinsan District Court D) on the 1,025 square meters of Geum-gu, Busan (hereinafter “instant land”) and completed the registration of ownership transfer on January 23, 2020.
B. The Defendant, before January 23, 2020, connects each point of 19, 20, 21, 22, 22, and 19, among the instant land, to the portion of “A” on the ground of 5m2,00 square meters in sequence, of the attached drawing indicating 19, 20, 20, 21, 22, and 19, and connects each point of 23,24, 25, 26, 27, and 23, of the same drawing, to the portion of “B” on the ground of 74m2, which is a vinyl and 4,28, 29, 30, 31, 32, 33, 34, 26, 25, and 3m2, of the instant land, shall be the portion of “A” in the instant case’s possession.
(3) On the ground, the rent from January 23, 2020 to September 22, 2020 for the occupied portion of the instant case is KRW 737,900, and the rent from September 23, 2020 to September 23, 2020 is KRW 92,00 per month. [Grounds for recognition] There is no dispute, Party A’s evidence 1, 2, 6, and 7 (with a serial number, each of the entries or images including a serial number, the Korean Land Information Corporation Busan Metropolitan City Vice-Governor, the result of each appraisal commission for E, and the purport of the entire pleadings as a whole.
2. According to the above facts of determination as to the cause of the claim, the defendant is likely to obstruct the plaintiff's ownership by installing freezing warehouses, vinyl houses, and strawkes on the ground of the possession of this case and occupying the occupied part of this case, thereby hindering the plaintiff's ownership and gaining unjust enrichment equivalent to the rent for the occupied part of this case. As long as the defendant asserts this, it is necessary for the plaintiff to claim in advance for future unjust enrichment. Thus, barring any special circumstances, the defendant removes freezings, vinyl houses, and straws installed on the ground of the possession of this case, and delivers the land occupied of this case to the plaintiff, and on January 20, 202, the date of acquisition of the plaintiff's ownership