1. The defendant shall be the plaintiff.

A. Of the area of 561 square meters of D forest land in Mapocheon-si, each of the attached appraisal marks 1, 5, 6, 7, 8, 9, and 1 shall be indicated.

1. In fact, the recognition of the Plaintiff’s ownership is consistent with the cadastral map indicated in the attached Form 1, 561 square meters of D forest land (hereinafter “instant land”) and 633 square meters of forest land E owned by the Defendant (hereinafter “instant land”).

From November 1, 2018 to December 22, 2018, the Defendant occupied and used the Plaintiff’s land during the process of installing retaining walls according to the boundary line of the instant land owned by the Plaintiff and the instant land owned by the Defendant.

In addition, part of the above retaining wall was installed in a ship which connects each point of the attached Table 1, 5, 6, 7, 8, 9, and 1 among the land owned by the plaintiff of this case with a part of 36 square meters (hereinafter referred to as the "part (b) of the land owned by the plaintiff of this case") in sequence.

[Reasons for Recognition] Facts without dispute, Gap 1 and 2 evidence, the result of a request for surveying and appraisal to the Korea Land Information Corporation by this court, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant, as the owner of the Plaintiff’s land in this case, is obligated to remove the retaining wall installed in the part of (b) of the Plaintiff’s land owned by the Plaintiff and deliver the said part, and return the amount of profit earned from the possession and use of the land.

B. The amount of unjust enrichment returned is the amount equivalent to the rent of the pertinent real estate. The annual rent per square meter of land owned by the Plaintiff is 6,335 won from November 1, 2018 to December 22, 2018, and 6,370 won from the next day until December 31, 2018, and 6,405 won from the next day to August 9, 2019, which is close to the date of closing the argument in this case.

(The results of the appraisal of the appraiser F) and subsequent fees shall be ratified to be the same amount.

Therefore, the amount of unjust enrichment to be returned by the Defendant is 375,790 won from November 1, 2018 to August 5, 2019, which is the starting date of possession x 22 days/365 days from November 1, 2018 to November 22, 2018 x 6,335 won/land size.