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1. The defendant shall be the plaintiff.
A. Of the land listed in the attached list, the attached Form 73 square meters and 73 square meters and 3.
Reasons
1. The following facts are acknowledged as either a dispute between the parties or in full view of Gap evidence 1 to 10, Eul evidence 1 to 5, the witness C's testimony, the appraiser D of this court, the Korea Land Information Corporation and the purport of the entire arguments.
A. The land indicated in the separate sheet (hereinafter “instant land”) was originally owned by E Co., Ltd. (hereinafter “Nonindicted Company”). The Plaintiff acquired ownership on September 2, 2009 through the public sale procedure.
B. The Defendant, as the owner of the F Religious Site 4,165 square meters (hereinafter “instant church site”) and the above ground church building (hereinafter “instant church building”), is the owner of the land adjacent to the instant land, who owns the instant church site and the building under the Defendant’s control occupies and uses the instant church site.
C. In the process of implementing the H apartment construction project in the vicinity of the instant land in 2005 through 2006, when the non-party company acquired the land as a public site by consultation with the non-party company at the time when the 184m2, J road 41m2, K road 157m2, L road 34m2, which is owned by the defendant, the non-party company provided 7m2 as the access road to the instant church parking lot of the instant church building for the instant church building, and provided 7m2 in the attached appraisal map as the access road of the instant church building for the instant church building, and provided 7m2 in the attached appraisal map as the legal surface of the said access road, while providing 6m2 in the attached appraisal map as the landscaping site, the portion 1m2, as indicated in the attached appraisal map, provided the 66m2, which is a part of 1,000m2. D.
After the above measures have been taken by the non-party company, the defendant occupies the land of this case through the Gridge, and the defendant seems to have de facto right to dispose of roads, iron fences, and trees installed on the land of this case.
E. The rent in the absence of a deposit for lease of the instant land is as follows.
The rent for a period of time is from September 2, 2009 to September 1, 2010.