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1. The defendant
A. Of the area of 17 square meters in Suwon-si, the attached appraisal marks 1, 7, 8, 9, 5, 6, and 1 of the attached Form 1, 7, 8, 9, 6, and 1 shall apply.
Reasons
1. Facts of recognition;
A. The Plaintiff, through an auction on January 14, 2002, purchased a building of 17 square meters (hereinafter “instant land”) in Suwon-si, Suwon-si, and D large 226 square meters and its ground and completed the registration of ownership transfer.
B. On February 18, 2008, the Defendant purchased buildings E, 129 square meters and D and E, and completed the registration of transfer of ownership in the name of the Defendant on April 29, 2008.
C. Regarding the instant land, fences are installed on the line connecting each point of 1, 7, 8, and 9, and part of the building owned by the Defendant, which connects each point of 1, 7, 8, 9, 5, 6, and 1 of the attached Form No. 1 (hereinafter “the part occupied by the Defendant”) among the instant land, the Defendant occupied and used the part occupied by the Defendant without any legal cause, such as the agreement with the Plaintiff.
The amount equivalent to the rent from April 29, 2008 to October 24, 2017 for the part occupied by the Defendant is KRW 3,390,350, and the amount equivalent to the monthly rent at the time of the closure of the pleadings of this case is KRW 34,010.
[Ground of recognition] A without dispute, Gap evidence Nos. 1-3, Eul evidence Nos. 1-5, and the result of the commission of appraisal to the Korea Land Information Corporation by this court, the result of the commission of appraisal to appraiser F by this court, the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of claim, since the defendant occupies and uses the part occupied by the defendant in this case without any legal cause, the part occupied by the defendant in this case was removed from the building occupied by the defendant in this case and delivered the part occupied by the defendant in this case. The defendant shall pay 3,390,350 won as unjust enrichment equivalent to the rent from April 29, 2008 to October 24, 2017, and shall pay the money calculated at the rate of 34,010 won per month as unjust enrichment equivalent to the rent from October 25, 2017 to the removal of the building in this case and the completion of delivery of the part occupied by the defendant in this case.