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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The assertion and judgment
A. The Defendants, as co-ownership owners of each 1/3 share of E and its ground buildings (hereinafter “E real estate”), are obligated to return the instant land without title from February 11, 2016 to October 9, 2016, inasmuch as the Plaintiff occupied the instant land as a road for the passage of E real estate without title, the Defendants jointly and severally liable to return the Plaintiff the amount of KRW 1,59,950 (the amount calculated at the rate of KRW 202,00 per month from February 11, 2016 to October 9, 2016) equivalent to the rent for the instant land.
B. The possession refers to the objective relationship that appears to belong to the factual control of the person under social norms. At this time, the factual control is not necessarily limited to the physical and practical control of the object, but should be judged in conformity with the concept of society in consideration of the temporal and spatial relationship with the object, the relationship between principal and the object, the possibility of exclusion from the control of others, etc. However, in order to establish the objective relationship that falls under such factual control, at least the interference of others should be excluded.
(See Supreme Court Decisions 73Da923 Decided July 16, 1974, and 2013Da84791 Decided January 29, 2015, etc.). The following circumstances, which are acknowledged by comprehensively considering the overall purport of the pleadings in the statement Nos. 1, 3, and 5, include the following: (a) a part of the instant land is a road packed as gravel, etc.; and (b) an appraisal report prepared at the auction procedure on the instant land also states that some of them are offered to the public for passage as a road in relation to the current status of the instant land; (c) thus, the Plaintiff who purchased the instant land in the auction procedure appears to have been aware of the said current status; (d) a geographical E real estate as well as a neighboring land as well as the road part of the instant land.