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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the court’s explanation concerning this case is as stated in the part of the first instance judgment, except for the addition of the following judgments, following the third part of the third part of the judgment of the first instance, thereby citing this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
【Additional Opinion: The Defendant asserts to the effect that the pertinent land was not occupied without permission since the Plaintiff leased the instant land from Il Youngdi Co., Ltd., the lawful lien holder of the instant land. There is no evidence to acknowledge that the Plaintiff was a legitimate lien holder of the instant land, or the Defendant leased the instant land from Il Youngdi Co., Ltd., the legitimate lien holder of the instant land. As the Defendant’s argument, even if the Defendant leased the instant land from Il Youngdi Co., Ltd, the legitimate lien holder of the instant land, the lien holder is unable to use, lease, or offer security without the owner’s consent (Article 324(2) of the Civil Act), and the Plaintiff’s lease without the consent of the owner of the instant land cannot be deemed necessary for the preservation of the deposited land (see, e.g., Supreme Court Decision 2010Da4657, Nov. 11, 2010); and the Defendant cannot claim against the Plaintiff as a lease agreement between the Plaintiff.
Therefore, the defendant's above assertion does not seem to have any mother or reason.
Meanwhile, the defendant asserts that the appraiser unfairly excessive calculation of the rent of the part occupied by the defendant out of the land of this case while appraising the rent.
The appraiser's appraisal result should be respected unless there exists a significant error such as that the appraisal method is against the rule of experience or unreasonable, and there is no evidence to view that there was such error in the appraiser's appraisal of rent.