Text
1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. On May 25, 2009, Plaintiff A acquired the ownership of approximately 113m2 (hereinafter referred to as “instant land 1”); Plaintiff B acquired the ownership of the E-gi 76m2 (hereinafter referred to as “instant land 2”) around November 7, 2014, adjacent to the instant land 1.
B. From July 9, 2012 to the present date, the Defendant asserted that among the instant land No. 1, the part (B) part (B) of the instant land connecting each point in sequence of the attached drawing No. 1, (2), (3), (4), (1), (2) part (A), 14m2 (hereinafter “instant land”) connected each point in the attached drawing No. 2 among the instant land No. 2, the Defendant: (a) was erroneous as a result of the Defendant’s entrustment of the survey to the main branch of the Korea Land Information Corporation, Gangwon District Headquarters of the instant land, the area occupied by the instant building among the instant land No. 2; and (b) the actual occupied area is not more than 30m2. However, the Defendant’s entrustment of the fact-finding based on the evidence No. 12, which is not the eaves of the instant building, is insufficient to find the fact-finding based solely on the copy of the survey report No. 12.
(hereinafter referred to as “instant (B) land” is purchased and possessed without permission (hereinafter referred to as “instant building”) on the ground.
C. From July 9, 2012 to October 19, 2015, the sum of rent for the instant (A) land is KRW 1,077,00 per month, and rent thereafter is KRW 28,00 per month, and the sum of rent for the instant (B) land from November 7, 2014 to October 19, 2015 is KRW 1,760,000 per month, and rent thereafter is KRW 154,00 per month.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-1, 2, 3, Gap evidence 3-6, Eul evidence 8, the result of the court of first instance's commission of surveying and appraisal to the original main branch of the Korea Land Information Corporation, the result of inquiry and reply of the original main branch of the court of first instance to the original branch of the court of first instance.