A. On April 22, 2016, the Plaintiff was awarded a successful bid for real estate listed in the separate sheet (hereinafter “instant land”) in the Gwangju District Court C real estate auction case, and completed the registration of ownership transfer for the instant land on the same day.

B. On October 2003, the Defendant entered into a contract to lease the instant land with the former owner of the instant land, and owned a stable building constructed on the ground of the instant land (hereinafter “the instant stable building”) and operated the farm.

C. The instant stable building is unregistered and is excluded from the object of auction in a voluntary auction procedure for the instant land.

On November 17, 2017, the Defendant removed the instant stable building.

[Ground of recognition] Evidence No. 1, Evidence No. 2-1, Evidence No. 6, each of Eul evidence No. 11-1, each of Eul evidence No. 12-4, part of evidence No. 12, and the purport of the whole pleadings

2. The Defendant asserted the cause of the Plaintiff’s claim: (a) owned the instant stable building on the ground of the instant land without permission; (b) removed the instant building from around November 2017; and (c) delivered the instant land to the Plaintiff; (b) neglected large wastes, such as feed stuff, steel structure, wooden mold, and waste concrete, and left the land alone; and (c) did not fully perform the duty to transfer the relevant land.

Accordingly, the Plaintiff sustained damages of KRW 38,00,000 as the Plaintiff did not use or benefit from the instant land from April 23, 2016 to November 201, 201, due to the illegal occupation of the instant land, due to the Plaintiff’s failure to use or benefit from the instant land from April 23, 2016.

3. Determination

A. According to the above facts, the part on the Plaintiff’s claim for damages 38,00,000 won due to the Defendant’s illegal possession is acknowledged. The Defendant owned the instant livestock shed building before the Plaintiff acquired ownership of the instant land and occupied the instant land without a justifiable title. The Defendant occupied the instant land without a justifiable title on November 17, 2017.