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1. The defendant shall be the plaintiff.
A. Of 821 square meters prior to Gwangju Metropolitan City, indication 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 1 of the annexed drawings, respectively.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of 821 square meters prior to C in Mineyang-si (hereinafter “instant land”).
B. The Defendant, as the owner of D land and its ground buildings adjacent to the instant land, installed iron pents on the ground according to the outer boundary of 29 square meters of the portion inside the instant land, which was successively connected with each of the points in the attached drawing Nos. 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 10, and 10, among the instant land. Of the instant land, the Defendant used the portion of 14 square meters of the instant land, which was successively connected to each of the points in the attached drawing Nos. 1, 2, 3, 4, 4, 6, 7, 11, 9, 10, and 12, 34 square meters of the attached drawing Nos. 12, 13, 14, 15, 16, and 12.
C. Of the instant land, the rent of KRW 470,80 is KRW 470,80 from June 1, 2008 to April 30, 2018; the rent of KRW 5,450 after May 1, 2018 does not conflict with each other; entries in Gap evidence 1 to 3; the rent of KRW 1 to 3; the result of the appraiser’s rent appraisal; the purport of the entire pleadings;
2. Determination
A. According to the above facts finding as to the cause of the claim, the defendant, barring any special circumstance, shall pay to the plaintiff the compensation for delay calculated at the rate of 15% per annum from May 26, 2018 to the date of complete payment, and from May 1, 2018 to the date of complete payment, the amount equivalent to the above (b), (c), (d), (e) and (e) the amount equivalent to 470,800 won, which is the rent from June 1, 2008 to April 30, 2018, as the plaintiff seeks for unjust enrichment from the possession and use of the parts of (c), (c), (d), (e), (e) the portion of the land in this case from May 1, 2018 to the date of complete payment, and the amount equivalent to the above (d) and (d) and (e) the amount equivalent to the plaintiff's share or the above portion of the land in this case to May 40, 2018.