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1. The defendant shall be the plaintiff.
A. (1) Of the area of 876 square meters in Subdivision-gu, Sungnam-si, Sungnam-si, indication 1, 12, 13, 14, 15, 2, 11, 10 of the annexed drawings.
Reasons
1. Facts of recognition;
A. On August 7, 2009, the Plaintiff acquired ownership of the area of 876 square meters and 175 square meters per annum in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul, and the Defendant acquired ownership of the area of 633 square meters, adjacent to each of the above land from April 2, 1982.
B. From the date of acquisition of ownership of the above E’s land, the Defendant occupies the portion of 6 square meters on board (c) that connects each point of 1, 12, 13, 14, 15, 2, 11, 10, 9, 8, and 12 in turn, the part of 48 square meters in the ship connected each point of 12, 13, 14, 15, and 12 in order of 16, 3, 20, and 16 of the above drawings, among the area of 876 square meters in the area of Ma-gu, Sungnam-si, Sungnam-si, Sungnam-si.
With respect to each of the above land, the sum of unjust enrichment equivalent to the rent from August 7, 2009 to May 27, 2016, which is the date of acquiring the Plaintiff’s ownership, is KRW 4,426,850, and the annual rent as of May 27, 2016 is KRW 625,860.
C. The Defendant occupies a portion of 39 square meters in the ship connecting each point of 3,00 square meters in the attached Form 3, 17, 18, 19, 21, 20, and 3 among the area of 175 square meters in Seongbuk-gu, Seongbuk-si, Sungnam-si, and the sum of unjust enrichment equivalent to the rent from August 7, 2009 to May 27, 2016, which is the date of the Plaintiff’s acquisition of ownership, is KRW 3,089,310, and annual rent as of May 27, 2016.
[Ground of recognition] The fact that there is no dispute, each entry of Gap 1 through 4 (including the case where there is a serial number), the result of the request for surveying and appraisal to the head of Sungnam-si branch of the Korea Land Information Corporation, the result of the appraiser F's appraisal of rent, the purport of whole pleadings
2. According to the facts of the above recognition, the defendant is against the plaintiff, and the decision of the court below 1.
A. (2) The warehouse mentioned in paragraph (1) is removed, and the order including the above land is 1-A.
Land and Disposition No. 1.C. written in each paragraph.
7,516,160 won (4,426,850 won) and 7,5160 won (3,089,310 won) from August 7, 2009, the date of acquisition of the Plaintiff’s ownership due to the return of unjust enrichment from August 7, 2009 to May 27, 2016, the date of appraisal of rental fees in this case.