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1. The Defendant shall pay KRW 5,734,00 to the Plaintiff the annual rate of KRW 15% from November 5, 2015 to the date of complete payment.
Reasons
1. Basic facts
A. On April 13, 2004, the Plaintiff completed each registration of ownership transfer as to the portion of 107/355 out of the land listed in attached Table No. 1, and the Defendant completed each registration of ownership transfer as to the portion of 248/355 out of the above land on January 19, 206.
(hereinafter collectively referred to as “shared land of this case”). (b)
The Defendant completed the registration of ownership transfer on January 19, 2006 with respect to the 140 square meters of each of the 2nd floor neighborhood living facilities of the 2nd floor of the instant co-owned land (hereinafter “instant building”). From among the co-owned land of this case, the Defendant appears to be a clerical error of 60 square meters on the appraisal map of the 30 square meters of each of the 144 square meters of each of the 144 square meters of each of the 12, 13, 14, 15, and 12 attached drawings, which successively connected each of the 12, 13, 14, 15, and 12 attached drawings, among the co-owned land of this case.
(hereinafter referred to as “the part occupied by the Defendant”) is used as the site for the above building.
C. The Plaintiff is the owner of the land indicated in the attached Table No. 2 (hereinafter “Plaintiff-owned land”), and the factory is operated in the above ground building. The Defendant is the owner of the land indicated in the attached Table No. 3 (hereinafter “Defendant-owned land”), and each of the above land is adjacent thereto.
In order to operate a factory, the Plaintiff used the following roads: (a) the portion of 32 square meters in the “vivid” portion (hereinafter “instant passage”) connected with each point of the attached Form No. 18, 19, 20, 21, 22, 23, and 18 among the land owned by the Defendant, and used the road C to Kimpo-si D, a meritorious road.
E. On May 2015, the Defendant installed a blocking of 4m and 90m in length on the land owned by the Defendant on the land owned by the Defendant (hereinafter “instant blocking”) and obstructed the Plaintiff’s passage.
[Ground of recognition] Unsatisfy, entry and video of Gap evidence 1 to 5, result of on-site inspection by this court, result of survey and appraisal by appraiser E, purport of whole pleadings
2. The assertion and judgment
A. A majority of the judgment on the claim for return of unjust enrichment.