1. The defendant shall be the plaintiff.

A. Of the area of 93 square meters in Daegu Northern-gu, Daegu-gu, the number of points indicated in the separate sheet Nos. 6, 7, 8, 9, 15, and 6 shall be in order.

1. Facts of recognition;

A. On March 31, 2017, the Plaintiff purchased a Daegu Northern-gu Seoul Metropolitan Government 93 square meters (hereinafter “instant land”) from D, the former owner, and completed the registration of ownership transfer on the same date.

B. The Defendant is the owner of the foregoing E large-13 square meters and 133 square meters and the above ground mentors and bricks and apap 2-2 houses of 1st 22 square meters and 22th 7th 7th 2th 3th 2th 2th 3th 2th 7th 7th 7th 7th 7th 4th 7th 7th 2nd 4th

C. Part of the roof of the instant house, a ground fence, an outdoor toilet, and a sandbial board board building of the instant housing is built by bed up with the ground surface of 15 square meters in part of “b” in the instant land, which connects each point of which is indicated in the annexed drawing Nos. 6, 7, 8, 9, 15, and 6.

(hereinafter “the part of the instant intrusion”) D.

The amount of unjust enrichment equivalent to the rent for the instant intrusion portion is KRW 43,000 per month after March 31, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6 (including provisional number), the result of this court's request for survey appraisal and the result of entrustment of discretionary appraisal, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to remove the part of the instant crime on the ground of 15 square meters in part among the instant land, and deliver the said part to the Plaintiff with the duty to deliver the said part of 15 square meters in part.

In addition, from March 31, 2017 when the Plaintiff completed the registration of transfer of ownership on the instant land (the Plaintiff’s claim that was sought from February 23, 2017, which was concluded, is without merit) to February 22, 2018, the amount equivalent to the rent for 329 days (i.e., KRW 465,100 x 12 x 329/365 x less than KRW 12 x less than KRW 329/365), and as to the Plaintiff, the Defendant shall pay damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from April 11, 2018 to July 13, 2018, which is the date the instant judgment is rendered, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of complete payment.