beta
Text
1. The defendant shall be the plaintiff.
(a) 24,839,050 won and the rate of 15% per annum from December 16, 2015 to the full payment date.
Reasons
1. Whether the obligation to return unjust enrichment is constituted;
A. The pertinent Plaintiff between the parties is the owner of B 59.5 square meters in Seoul, Jung-gu and its ground trees and one apap 2 house-class shop (hereinafter “instant land and building”). The Defendant is the owner of Jung-gu, Seoul and 27.8 square meters in large land and its ground wooden machine and 2-story shops in the 2nd roof (hereinafter “instant land and building”). The land of this case and the land of this case are adjoining land.
(2) The Plaintiff purchased the instant land and buildings around April 1, 1961, and completed the registration of ownership transfer on April 11, 1961, and thereafter occupied and used the land and buildings since around that time.
(B) Meanwhile, around June 7, 198, Nonparty D purchased the land and buildings of this case No. 2 and completed the registration of ownership transfer, and occupied and used them. The Defendant purchased the land and buildings of this case from D on June 24, 2008 and completed the registration of ownership transfer on August 20, 208, and thereafter occupied and used them until now from that time.
(C) On the other hand, the status of the land of this case 1 and 2 is as indicated in the annexed drawing. Each land is the line connected each point of the attached drawing Nos. 2, 20, 19, 18, 16, 15, 14, 13, and 11. At present, the boundary line is the line connected each point of the attached drawing Nos. 14, 10, 11, 13, and 14 among the land No. 1 of this case, which connects each point of 0.6 square meters in five parts, 19, 16, 18, and 19 each point of 0.2 square meters in the same drawing, 3, 19, 20, 20, 2300 square meters in sequence, and 20.6 square meters in each part of the building of this case.
(D) On the other hand, around July 2012, the Defendant constructed indoor interior interior interior interior interior interior interior interior interiors with respect to the instant building No. 2, and thereafter there is no change in the current status of the instant building No. 2.