1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 5, 6, 7, 8, 9.

1. Facts of recognition;

A. On June 28, 1984, the net C completed the registration of ownership transfer due to the division of the jointly owned property on June 5, 1984 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On March 26, 2013, the deceased on March 26, 2013, the deceased Plaintiff, as its child, completed inheritance registration by agreement and division regarding the instant real estate on April 16, 2014.

C. Around 1978, the Defendant newly constructed a house on D ground adjacent to the instant real estate, and installed a fence on the line connecting each point of the instant real estate with the point of 10,11 in sequence, which is indicated in the attached drawing No. 1,5,6,7,7,8, and9, and on the line connecting each point of 8,10 in the same drawing No. 10,000, and occupied and used the instant real estate from that time to that of the point.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 7-1 through 5, Gap evidence 8-1 through 6, Gap evidence 8-1 to 6, the result of the survey and appraisal conducted by appraiser E, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the request for removal and delivery, the Defendant is obligated to remove each of the fences installed on the line connecting each point of the items of the attached drawing Nos. 1, 5, 6, 7, 8, and 9 among the instant real property in sequence, and the fences installed on the line connecting each point of the same drawing Nos. 10, 11, and the gates installed on the line connecting each point of the same drawing Nos. 8, 10 with each point of the same drawing Nos. 8, 10, and deliver the instant real property.

B. According to the above facts of recognition as to the claim for unjust enrichment equivalent to the rent, since the defendant occupied and used the real estate of this case owned by the plaintiff without any legal ground, it is obligated to pay the amount of profit resulting therefrom to the plaintiff as unjust enrichment.

Furthermore, with respect to the amount of unjust enrichment to be returned by the defendant, the amount of profit from the possession and use of ordinary real estate is the amount equivalent to the rent of such real estate.