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The defendant is 5% per annum from February 12, 2020 to March 13, 2020 to 3,979,800 won to the plaintiff.
Reasons
1. Facts of recognition;
A. On March 12, 1993, D completed the registration of the transfer of ownership in its name on the grounds of inheritance by division of consultation on January 27, 1993 with respect to the land adjacent to Geumcheon-gu Seoul, Geumcheon-gu, Seoul (hereinafter “instant adjacent land”).
B. D’s death on November 10, 2010, and F’s name transfer registration was completed on June 25, 2013 with respect to the land adjacent to this case, on the grounds of inheritance by consultation division, as to the land adjacent to this case on November 10, 2010.
(c)
On April 20, 2018, the Plaintiff purchased, from F, the adjacent land and the land (hereinafter “the instant adjacent housing”) of this case and the attached Form No. 19.8 square meters among the 331 square meters of H forests and forests in Geumcheon-gu Seoul Metropolitan Government, for each point of H, b, c, d, and Ga (hereinafter “instant land”), and occupied and used up to the present day after having been transferred possession.
(d)
The adjoining land of this case and adjoining land of this case are adjoining to the wall of this case and the part adjoining to the road of this case, a fence is installed as a "three-dimensional", and the vacant space between them is currently being used as a garden.
E. Meanwhile, on February 12, 2020, the Defendant sold the instant land owned by I to I, and completed the registration of transfer of ownership in I.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 2, Gap evidence Nos. 4 and 9, and the purport of the whole of the statements or images and arguments
2. Determination:
A. From November 10, 1998, the deceased installed fences on the wall surface of the neighboring house of this case and the part abutting on the road side of the land of this case from November 10, 1998, and used it as a garden. On April 20, 2018, the Plaintiff purchased the adjoining land of this case and neighboring housing and the land of this case from F, the heir of the deceased, and has been occupied and used until now.
As above, the Plaintiff occupied the instant land from the Deceased and F.