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1. The defendant
A. Of the 513 square meters in Gangnam-si C, reference is indicated in the attached Form No. 3, 4, 5, 18, 17, 16, 3.
Reasons
1. Determination as to the cause of claim
A. 1) On December 29, 1987, the Defendant purchased 79m2 from Gangnam-si D, Gangnam-si, 1987, and completed the registration of ownership transfer relating to the instant land under the receipt No. 25601, Dec. 30, 1987. 2) On November 8, 2010, the Plaintiff purchased 513m2 (hereinafter “instant land”). The Plaintiff purchased 513m2 from Gangnam-si, Seocheon-si (hereinafter “instant land”). The Plaintiff completed the registration of ownership transfer pertaining to the instant land under the receipt No. 31034, Nov. 8, 2010.
3) Meanwhile, from November 9, 2010 to December 31, 2013, the Defendant installed a plastic house agricultural material warehouse on the ground when using the part of the instant land as a dry field and installing a vinyl agricultural material warehouse on its ground. The portion of the “cream” is used as a fence and site, and is used as a road after cement packing. 4) Of the instant land, the amount equivalent to the rent from the said portion of the instant land from November 9, 201 to December 31, 2013, the amount equivalent to KRW 86,00,000, and the amount equivalent to the rent from January 1, 2014 to December 27, 2000.
[Ground of recognition] Unsatisfy facts, Gap evidence Nos. 1, 3, and 5 (including paper numbers), witness E’s testimony, result of a request for appraisal of appraiser F’s measurement and appraisal, result of a request for appraisal of fees to appraiser G, purport of the whole pleadings
B. According to the above facts of recognition, the Defendant is obligated to remove each of the plastic houses, warehouses, cement block tanks on the ground of the above "bbb" part of the land in this case, cement block tanks on the ground of the above "circ" part, cement block walls, 1glus, and cement packaging on the ground of the above "divities" part, and to deliver the above "bb" parts, "c" parts, and "divities" parts, respectively, to the Plaintiff, unless there are special circumstances, upon the Plaintiff'
In addition, the Defendant, from among the instant land, obtains benefits without legal grounds by occupying and using the aforementioned portions of “bb”, “c”, and “divable” parts, and thereby, obtains such benefits from the Plaintiff as the owner.