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1. The Defendant shall provide the Plaintiff with the attached appraisal map 1, 2, 3, 4, 5, 6, and 1, respectively, among the land size 456 square meters in Yong-gun, Jeonnam-gun.
Reasons
1. Facts of recognition;
A. The registration of ownership transfer in the name of Gwangju District Court (No. 1928, Feb. 9, 1991, which was received on February 8, 1991, with respect to the land owned by the Defendant (hereinafter “instant land”), was filed for the transfer of ownership in the name of the Plaintiff on July 8, 201, as the receipt of No. 9487, Jul. 8, 2016, with respect to the land owned by the Defendant, and the registration of ownership transfer in the name of the Plaintiff on July 8, 2016.
나. 1991. 2. 8. 매매계약 당시부터 이 사건 토지 중 별지 감정도 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㄱ의 각 점을 순차로 연결한 선내 가부분 52㎡ 지상에 피고 소유의 미등기 건물이, 2016. 7. 8.경부터 같은 도면 ㅇ, ㅈ, ㅊ, ㅋ, ㅇ의 각 점을 순차로 연결한 선내 나부분 65㎡ 지상에 피고 소유의 비닐하우스가 존재하고 있다.
C. From July 8, 2016 to August 7, 2018, the amount equivalent to the above A, and the amount equivalent to the rent in Section B is 158,080 won in total, and the amount equivalent to the above A, from August 8, 2018, the amount equivalent to the rent in Section A is 3,120 won in month, and the amount equivalent to the rent in Section B, the amount equivalent to the above 3,90 won in month.
[Ground of recognition] The fact that there is no dispute, entry of Gap 1 through 5, the result of an appraisal commission to the Korea Land Information Corporation, the result of appraisal by appraiser E, the purport of whole pleadings.
2. Determination
A. According to the above facts, since the Defendant owned the above building and plastic houses on the instant land and obstructed the Plaintiff’s exercise of the Plaintiff’s ownership, the Defendant is obligated to remove the said building and plastic houses, deliver each part of the land, and return the amount equivalent to the rent from July 8, 2016 to the completion of delivery of the said land as unjust enrichment.
B. As to this, the defendant alleged that he acquired legal superficies from the above above part, it is without dispute between the parties, or according to the statements in Gap evidence Nos. 1 to 4, the above land is sold to D among the land of this case and the above part of the above part of the above part of the building owned by each defendant, and the above land is sold to D on February 9, 191.