1. The Defendants jointly do so to the Plaintiff

A. The attached appraisal sheet 1 to 18, and 1 among E 2,901 square meters in Leecheon-si.

Facts of recognition

On October 21, 2014, the Plaintiff completed the registration of ownership transfer with respect to E field 2,901 square meters.

On August 14, 2003, the Defendant Social Welfare Foundation B (hereinafter “Defendant Social Welfare Foundation”) acquired the ownership of the 4th floor building G on the ground of E-si F (hereinafter “F”) on August 14, 2003, Defendant C acquired the ownership of the 3rd floor detached house on the ground of H on June 28, 2013, and Defendant D Co., Ltd (hereinafter “Defendant Company”) acquired the ownership of the 3rd floor detached house on February 16, 2005.

Plaintiff

Among the E-owned land, there is a reinforced concrete sewage culvert (hereinafter “instant sewage culvert”) on the underground of 518 square meters (hereinafter “instant site”) connecting each point of the attached Table 1 through 18, and the attached Table 1 among the E-owned land. The above sewage culvert is a sewage treatment facility for each of the Defendants’ respective buildings and housing.

(Reasons for recognition) Facts without dispute, each entry or video of Gap evidence 1 through 3 (including each number), and the purport of the whole pleadings.

Judgment

According to the above facts as to the removal and the claim for delivery of the land, the Defendants violated the Plaintiff’s ownership by using the instant sewage pipes located below the instant land owned by the Plaintiff. Thus, the said sewage pipes should be removed and delivered to the Plaintiff.

As seen earlier, the Defendants used the instant sewage pipe to possess the instant site owned by the Plaintiff. As such, the Defendants shall return the profits accrued therefrom to the Plaintiff.

According to the appraiser J’s appraisal result, the rent of the instant site can be acknowledged as constituting 326,340 won per annum from October 21, 2014 to October 20, 2015, and 316,490 won per annum from the next day to October 20, 2016, and 25,380 won per annum from October 21, 2016 to October 20, 2016. Thus, the Defendants jointly and severally commit unjust enrichment to the Plaintiff.