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1. The defendant
A. The appraisal of the attached Form 2, 3, 6, 7, and 2 shall apply to the Plaintiff A, respectively, among the 176 square meters of the 176 square meters in Ha-dong, Chungcheongnam-gun, Chungcheongnam-do.
Reasons
1. Basic facts
A. On November 23, 1996, Nonparty F completed the registration of ownership transfer with respect to 176 square meters (hereinafter “the instant land”). On December 31, 2002, whether the registration of ownership transfer was completed under Nonparty G’s name on May 27, 2003, Plaintiff A completed the registration of ownership transfer on May 26, 2003.
B. The land adjoining the boundary of the instant land No. 1, 282 square meters (hereinafter “the instant land”) in Gyeong-dong, Chungcheongnam-gun, Dong-dong, Chungcheongnam-do, E-do, and the registration of ownership transfer was completed on October 25, 2013 when the registration of ownership preservation was completed in the name of Nonparty H on December 15, 2008.
C. The Defendant, from around 200, operated a restaurant on the land Nos. 1, 2, and I land adjacent to each of the above land. The above building is a part of the attached Table Nos. 2, 3, 6, 7, and 2 (hereinafter “the attached Table No. 1”) among the land No. 1 and the attached Table Nos. 1, 2, 7, 8, and 1 among the land No. 2, connected with each of the items of the attached Table No. 1 (b) and the attached Table No. 37 square meters (hereinafter “the attached Table No. 1, 2, 7, 8, and 1) among the above land. The road No. 2 installed by the Defendant for the operation of the above restaurant is a part of the land No. 2, connected each of the above drawings No. 9, 10, 11, 12, and 9 [the part].
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4, and 5, the result of the survey and appraisal conducted by the appraiserJ, the result of the on-site inspection conducted by this court, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to remove the buildings and plane existing on the ground of the above part of the land and deliver the above land to the plaintiff, unless it proves the source of possessory right on the (b), (5), and (6) of this case.
B. The Defendant’s argument regarding the Defendant’s assertion is from the point K of view of the Defendant’s father.