1. The defendant shall be the plaintiff.

(a) Of the land listed in paragraph 1 of the attached list, the Attached Map 1, 2, 3 and 1.

1. Basic facts

A. The Plaintiff owns from November 23, 2007 the land indicated in attached Table No. 1 (hereinafter “instant land”).

B. The Defendant completed the registration of ownership transfer on February 2, 2015, on the land listed in paragraph (2) of the attached Table Nos. 2 (hereinafter “Defendant-owned land”) and the building listed in paragraph (3) of the attached Table Nos. 3 (hereinafter “instant building”) adjacent to the instant land due to compulsory auction.

C. However, part of the building of this case is located in the area of 18 square meters in the ship (Ga) which connects each point of 1, 13, 14, 15, 16, 17, 10, and 11 of the attached drawings among the land of this case, where part of the building of this case is surrounded by the boundary of each point of 1, 13, 14, 15, 16, 17, 10, and 11 of the attached drawings are installed in the ship which successively connects each point of 1, 13, 14, 15, 16, 17, 10, and 11 of the attached drawings (hereinafter “instant two parts”). The Defendant occupies the part of 27 square meters in the ship (hereinafter “instant two parts”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, the result of the request for surveying and appraisal to Eul by this court, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, the Defendant, barring any special circumstance, has the duty to remove part (A) of a single-story building and the pent of this case, deliver the part (127 square meters) of this case to the Plaintiff, and return the profits from the occupation and use of the part (b) of this case to the Plaintiff as unjust enrichment.

B. Furthermore, with respect to the scope of unjust enrichment, the amount of profit from illegal occupation of land is equivalent to the rent for the pertinent portion of land. In full view of the purport of the entire pleadings as a result of the request for appraisal of rent against D by this court, it is recognized that the monthly rent from February 2, 2018 to February 2, 2018 was 22,540, and that the subsequent rent thereafter is the same.