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1. The judgment of the first instance, including the Plaintiff (Counterclaim Defendant)’s principal claim added by this court, is as follows.
Reasons
1. Basic facts
A. The Plaintiff completed the registration of ownership transfer on July 14, 1988(2) land, and on March 2, 2005(1) land, respectively.
B. As to the land indicated in paragraph (3) of the Attached List (hereinafter “Adjoining land”), on November 3, 1970, K completed the registration of transfer of ownership from C to September 1, 2010 on the ground of each gift made on December 24, 1976 by the Defendant from K on December 28, 1976, for sale from K to December 24, 1976.
C. As to the buildings listed in the separate sheet No. 4 (hereinafter “Adjoining buildings”), after K completed the registration of ownership preservation on November 6, 1970, K completed each registration of ownership transfer due to C’s sale from K on December 28, 1976 from K on December 24, 1976, and the Defendant completed each registration of ownership transfer from C on September 2, 2010 to September 1, 2010.
The defendant has resided in neighboring land and buildings, and occupied and used the part of the land in paragraph 2 (b) as they occupy and use as they are.
In addition, the Defendant has occupied and used the part of the land in paragraph (1) as the entrance of an adjacent building by packaging it with concrete, and the part of (c) as the main entrance of an adjacent building, and entered the land in paragraph (1) (b), (c) and (5) as the Daejeon-gu E road (hereinafter referred to as the “instant meritorious road”) through the part of the land in paragraphs (1) and (5) from the adjoining land.
E. From September 2, 2010 to December 1, 2014, the sum of rent under paragraphs (1) and (2) and (3) and paragraph (2) and the monthly rent as of September 2, 2014 to December 1, 2014 is as follows:
The monthly rent of KRW 52,333 of the rent of KRW 2,427,70,08,80 for the part of the land (b) land (b) part (c) and paragraph (2) of the part (b) of paragraph (1) and paragraph (2) of this Article (i.e., the rent of KRW 157,000 from September 2, 2014 to December 1, 2014 (i.e., the rent of KRW 157,000/3 months) 43,300 (i.e., the rent of KRW 129,900/3 months from September 2, 2014 to December 1, 2014)
F. Meanwhile, when deeming the current status of the land (b), (c), and (e) as the traffic, the land above.