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1. The defendant shall be the plaintiff.
A. Of the land size of 307 square meters in 1,00, each point of Attached Table 1, 6, 7, 8, 9, and 6, shall be in sequence.
Reasons
1. Facts of recognition;
A. On February 3, 2005, the Plaintiff purchased from D the land of this case 307 square meters (hereinafter “instant land”). The Plaintiff completed the registration of ownership transfer on February 15, 2005.
B. From March 19, 1989, the Defendant installed a vinyl of 81 square meters on the ground floor, which connects each point of Annex 6, 7, 8, 9, and 6 (hereinafter “the instant vinyl”) on the instant land in sequence, and owns standing timber listed in the attached Table 2 (hereinafter “instant standing timber”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the facts of the judgment on the cause of the claim, the Defendant is deemed to interfere with the Plaintiff’s exercise of ownership while occupying the instant land through the possession of the instant vinyl and standing timber. As such, the Defendant is obligated to remove the instant vinyl to the Plaintiff, the owner of the instant land, and deliver the instant land by collecting the standing timber, and return the unjust enrichment by the possession and use of the said land by the completion date.
Furthermore, with respect to the amount of unjust enrichment to be returned by the Defendant to the Plaintiff, the amount of profit from the possession and use of real estate is the amount equivalent to the rent for the real estate. According to the appraiser E’s appraisal result, all the rent for the land of this case from October 1, 2007 to May 15, 2018 is 23,561,000, and the monthly rent from October 1, 2017 to May 15, 2018 is 206,000, and the subsequent rent is confirmed to be the same amount. Accordingly, the Defendant is obligated to return to the Plaintiff the amount calculated at the rate of 23,561,000 won from May 16, 2018 to the completion date of delivery of the land of this case.
3. If so, the Plaintiff’s instant case.