beta
Text
1. The defendant
(a) 5,227,807 Won and its equivalent per annum from September 16, 2018 to October 12, 2018; and
Reasons
1. Facts of recognition;
A. The Plaintiff related to the parties is the owner of 883m2 (hereinafter “instant land”). The Defendant is the owner of each building and other structures on the instant land.
B. The Plaintiff filed a lawsuit against the Defendant seeking return of unjust enrichment equivalent to the rent of 134.84 square meters from March 11, 2016, by owning a building with Suwon District Court Decision 2016Gadan80743 on the instant land, which constituted a building registered on the instant land, with the Defendant’s ownership of a wooden and brick house and a 61.49 square meters of detached house of 73.35 square meters on the instant land, which constitutes a building registered on the instant land (hereinafter “registered building”). On May 10, 2017, the Plaintiff filed a lawsuit against the Defendant seeking return of unjust enrichment of 134.84 square meters of the total area occupied by the Defendant among the instant land in the instant case, and the judgment became final and conclusive from March 11, 2017 to the Plaintiff’s transfer of land or the Plaintiff’s loss of land ownership, with the payment of KRW 1,760,000,000 from March 11, 2017.
(hereinafter referred to as the "final judgment of the previous suit of this case").
The Defendant’s actual possession status (1) as to the instant land, there exists a building with the size of 4.5 square meters in the toilet block, 30 square meters in the cement block, 30 square meters in the warehouse, 27 square meters in the height of the tea, and 6.4 square meters in the boiler prefabricated-type assembly building (hereinafter “the entire building of this case”) even with the exception of the building registered in this case, and the Defendant was surrounded by the edge of the instant land, and used the part of the said land, other than the entire building of this case, for the purpose of marina.
(2) As a result of the Defendant’s overall survey of the occupied area, the Defendant’s entire building of this case, constructed on the ground of the instant land, based on the possession of fences, walls, concrete packagings, etc., is based on the current status of the entire building and walls, walls, and concrete packaging of the passage.