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The judgment of the first instance court is modified as follows.
The defendant's Suwon District Court's branch court is the defendant's branch court.
Reasons
1. Basic facts
A. The Defendant is the owner of land of 9318 square meters in Gyeonggi-do D Forest land (hereinafter “instant land”). The Plaintiff is the owner of cement block structure one-story housing (hereinafter “instant housing”) indicated in the attached drawings. The Plaintiff is the owner of cement block structure one-story housing (hereinafter “instant housing”).
B. The Defendant, against the Plaintiff, occupied and used the instant land without permission by the Plaintiff while owning the instant land.
Appellanting that the Suwon District Court filed a lawsuit for the removal of a building, etc. with the head of Suwon District Court 2013Ga 10439, the said court rendered a judgment on November 21, 2013 that “the Plaintiff shall remove the instant land, which connects the Defendant with each point of the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 16, and 1, in sequence, of the land in the instant case, the Plaintiff shall remove the instant land of this case, which is part 83 square meters of “A”, and that “the part of the instant land shall be delivered to the Defendant” (hereinafter referred to as “part of the instant land”).
Although the Plaintiff appealed from the above judgment on January 29, 2015, the said judgment was finalized on March 3, 2015 (hereinafter “the first judgment”), and the said lawsuit (hereinafter “the first lawsuit”). C.
The Plaintiff did not perform the obligation to remove and deliver the instant land in accordance with the first judgment. The Defendant filed a lawsuit against the Plaintiff on October 2, 2018, claiming for the return of unjust gains equivalent to the sum of the rent from December 22, 2007 to December 21, 2017 due to the possession and use of part of the instant land by Suwon District Court Branching 2017Ga 56969, and from the following day to December 21, 2017, and the amount equivalent to the rate of the monthly rent from the date of the removal of part of the instant land and the completion of delivery of part of the instant land. The said court “the Plaintiff removed part of the instant land to the Defendant and removed part of the instant land from the Defendant and calculated at the ratio of 63,910 per month until the time of delivery of part of the instant land.