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1. The Defendants are to the Plaintiff:
A. Attached 9, 11, 12, 13. Serial 1 and 2 in annexed Form 1 List Nos. 1 and 2
Reasons
1. Each of the facts under recognition shall be acknowledged, either in dispute between the parties, or in full view of the whole purport of the arguments as a result of the examination of the cadastral status status conducted by the appraiser J (as of February 26, 2016) and the examination of the cadastral status conducted by the appraiser J (as of February 26, 2016).
A. On March 24, 2014, the Plaintiff awarded a successful bid for each land listed in the separate sheet No. 1 (hereinafter collectively referred to as “instant land”) and acquired ownership by fully paying the successful bid price.
B. The Defendants, without permission to use the land of this case, share the part of “A” connecting each point of the separate sheet Nos. 9, 11, 12, 13, 14, 15, 16, 18, 19, and 9 located on the land of this case and the part of “B” connected each point of the separate sheet Nos. 9, 19, 20, 21, 9 in sequence, and the part of “B” (hereinafter referred to as “the instant building”). However, the instant building appears to be a single building based on its current status, and there appears to be a somewhat different difference from the indication on the registry of the instant building on the land of this case).
C. The above B.
around March 2014, the monthly rent of the part of “A” and “B” (hereinafter collectively referred to as “the occupied part of this case”) as indicated in paragraph (a) is KRW 567,035, and the monthly rent of the occupied part at the end of the argument of this case is presumed to be the above amount.
2. Determination:
A. According to the above facts finding as to the cause of the claim, barring any special circumstances, the Defendants are obligated to remove the instant building to the Plaintiff, ② deliver the occupied portion of the instant land to the Plaintiff, and ③ jointly return unjust enrichment calculated at the rate of KRW 567,035 per month, which is the monthly rent from March 24, 2014, the Plaintiff acquired the ownership of the instant land from March 24, 2014 to the completion date of delivery of the occupied portion.
B. As to the Defendants’ assertion, Defendant B and C are in light of the process of acquiring and using the instant building.