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1. The defendant shall be the plaintiff.
A. Of the land size of 178 square meters in Incheon Strengthening-gun, each point of the attached Form 8, 9, 10, 11, 7, and 8 shall be indicated.
Reasons
1. Basic facts
A. On November 22, 2016, the Plaintiff acquired ownership of the C & 178 square meters in Incheon Strengthening-gun (hereinafter “instant land”).
B. From July 4, 1986, the Defendant owned the two-story shop of the steel bars C No. 1, 1986, Incheon, the bean C, the bean C, and the slive roof (hereinafter “the instant building”). A part of the instant building was constructed by following the part of the attached Table No. 8, 9, 10, 11, 7, and 8, connected with each point of the instant land in sequence, with the appraisal of the attached Table No. 8, 9, 10, 11, 7, and 8 (hereinafter “the instant part of the building”).
C. As of November 22, 2016, the amount equivalent to the rent for the part of the crime in question as of November 22, 2016 is KRW 145,600 each month.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, the result of the request for measurement and appraisal of appraiser D by this court, the result of the request for appraisal of rent for appraiser E by this court, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant, as the owner of the building of this case, is deemed to possess and use the affected part of this case without title. Thus, the Defendant is obligated to remove the building located on the ground of the affected part of this case, deliver the affected part of this case, and return the amount equivalent to the rent calculated by the ratio of KRW 145,60 per month from November 22, 2016 to the completion date of delivery of the affected part of this case, the date of acquisition of the Plaintiff’s ownership, to the unjust enrichment.
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.