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1. Defendant B indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 23, 3, 4, 4, 5, 6, 7, 8, 9, 23, 4.
Reasons
1. Facts of recognition;
A. The Plaintiff is the said landowner who purchased a F.155 square meters worth (hereinafter “instant land”) from G at the time of Pakistan, and completed the registration of ownership transfer on September 1, 1997.
B. On April 1, 2003, Defendant B, the husband of the instant land, purchased on the part above ground and cement block structure, and completed the registration of transfer of ownership on April 1, 2003, the land of the instant building is one of the 1, 2, 3, 4, 5, 6, 7, 8, 9, 23, 3, 4, 18, 3, 18, 19, 20, and 84 square meters of housing and neighborhood living facilities (hereinafter “the instant building”). The land of the instant building is one of the land indicated in the separate drawings, 1, 2, 3, 4, 6, 8, 9, 23, 4, 18, 22, 12, and 122 square meters of land (hereinafter “the instant building site”).
C. Defendant D and Defendant E currently leased and use the instant building from Defendant B, and the Defendant C also occupies the instant building.
[Ground of recognition] Unstrifed facts, Gap evidence 1-1-9 evidence, each fact inquiry results against the Korea Electric Power Corporation President of the Korea Electric Power Corporation and President of the Korea Electric Power Corporation and President of the Korea Water Environment Agency of the Republic of Korea, the purport of the entire pleadings
2. According to the above facts finding as to the cause of the claim, since Defendant B owned the instant building on the instant land owned by the Plaintiff, and occupied and used the instant building site, it is obligated to remove the said building and deliver the site to the Plaintiff, and to reflect the amount equivalent to the amount of profit from the possession and use of the said site in unjust enrichment. Since Defendant ADE occupies the instant building, it is obligated to leave the said building from the Plaintiff.
According to the result of appraisal commission with regard to the unjust enrichment of Defendant B, the instant building is from December 21, 2003, which was ten years prior to the filing of the instant lawsuit to December 20, 2014, the filing date of the instant lawsuit.