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1. The defendant shall be the plaintiff.
(a) Order 1 points out of the lands listed in the separate sheet are indicated in the annexed sheet 1 to 4, and 1.
Reasons
1. Basic facts
A. On July 1, 2016, the Plaintiff acquired ownership on the land indicated in the separate sheet owned by C (hereinafter “instant land”). On November 16, 1979, the Plaintiff acquired ownership on the ground of “the donation from June 30, 2016,” and on November 16, 1979, the Defendant filed a registration of preservation of ownership with respect to the land adjacent to the instant land D, Red-gun, E-Ground cement brick structure and 68.2 square meters (hereinafter “instant housing”).
B. Meanwhile, among the instant housing owned by the Defendant, part of the instant housing does not exceed 48 square meters in the order of each point indicated in the annexed drawing Nos. 1 to 4 and 1 among the instant land.
(C) A construction has been carried out. C, the former owner of the instant land, around December 2016, transferred to the Plaintiff the claim for return of unjust enrichment equivalent to the rent to the Defendant, and on March 8, 2017, a notary public was certified on the said assignment contract by the law firm Ayang, Law Firm A, 360 on behalf of C, which was certified on March 8, 2017. The Plaintiff, on behalf of C, notified the Defendant of the delivery of the preparatory document as of August 7, 2017, and the said preparatory document reached the Defendant on the 10th of the same month. [The fact that there is no dispute over recognition, the entry of the evidence Nos. 1, 2, and 5, the result of a request for appraisal by the Korea Land Information Corporation, the purport of the entire pleadings,
2. Determination
A. According to the above facts as to the part of the claim for removal of a building and delivery of land, the defendant owned part of the house of this case on the land of this case and occupied it, thereby hindering the plaintiff's exercise of ownership. Thus, the defendant is obligated to remove part of the house of this case on the land of this case and deliver the land of this case to the plaintiff. 2) According to the above facts of recognition as to the part of the claim for return of unjust enrichment, according to the above facts of recognition, the defendant occupied and used the part of the crime of this case against the plaintiff from September 29, 2006 to the land of this case without any legal cause.