beta
Text
1. Defendant B:
A. 289,480 won and 15% per annum for them from January 14, 2016 to the date of complete payment.
Reasons
1. Basic facts
A. On December 3, 2015, the Plaintiff completed the registration of ownership transfer on November 23, 2015 with respect to D road 76.4 square meters (hereinafter “instant land”).
B. On July 28, 2011, Defendant B completed the registration of ownership transfer with respect to the Nam-gu E, Nam-gu, 113.7 square meters and its ground-based single-story housing in the port adjacent to the instant land, and Defendant C completed the registration of ownership transfer with respect to the Nam-gu, Nam-gu and the 117 square meters of land and the 117 square meters of land-based multi-story housing on January 19, 201.
C. Defendant B occupied (A) portion of the attached sheet No. 1, 2, 3, 14, 13, and 1 among the land in this case, and used it as one for one’s house. The Defendants are using the attached sheet No. 14, 3, 4, 5, 6, 7, 8, 9, 10, 16, 15, and 14 in sequence connected each point of the attached sheet No. 14, 4, 5, 6, 7, 8, 9, 10, 16, 15, and 14 as one for one’s own house.
[Reasons for Recognition] Unsatisfy, Results of a request for surveying and appraisal by the branch offices of the Korea Land Information Corporation, the purport of whole pleadings
2. As to Defendant B
A. Defendant B, among the instant land owned by the Plaintiff, occupied a portion of 8 square meters on the ship (Ga) part of the attached Table 1, 2, 3, 14, 13, and 1, connected each point of the said land in sequence, and used it as one house for one’s own house. Of the instant land, the portion connected each point of the attached Table 14, 3, 4, 5, 6, 7, 8, 9, 10, 16, 15, 14 is used as a road for one’s own house, and the Defendant B is obligated to pay the Plaintiff the amount of unjust enrichment equivalent to the rent for the possession and use of the instant land, and the former owner of the instant land provided the said land as a road without compensation.
There is no evidence to view that the exclusive and exclusive right to use and benefit has been waived.
B. Furthermore, as to the amount of unjust enrichment equivalent to the rent to be paid by Defendant B, it was examined as to the amount of unjust enrichment and appraiser G.