The defendant connects the plaintiff with attached appraisal Nos. 1, 2, 3, 4, and 1 in sequence among 331 square meters of the miscellaneous land in Seocheon-si.

1. Basic facts

A. The registration of ownership transfer was completed to D on March 10, 1998 due to the inheritance due to the agreement division as of February 22, 1998, and the registration of ownership transfer was completed to D on November 15, 2002 due to the sale as of November 15, 2002.

B. A building on the ground of the instant land (hereinafter “instant building”) is a new building built on February 3, 1995 by D major children E with permission for new construction on February 13, 1995 and approved for use on February 13, 1995.

C. The registration for the preservation of the instant building was completed on December 9, 199, and the registration for the transfer of ownership was completed to F on December 10, 1999 due to the sale as of November 11, 199, and the registration for the transfer of ownership was completed to the Defendant on November 18, 2002 due to the sale as of November 15, 2002.

[Ground of recognition] Facts without dispute, Gap's statements or images, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion that the defendant occupies the land of this case as the owner of the building of this case without title, and therefore, the building of this case is removed and the site thereof is delivered to the plaintiff. With respect to the period from March 1, 2010 to August 31, 2020 as rent equivalent to the rent, the defendant is obligated to pay 54,941 won as of the last day of each month from the date following the date of delivery of a copy of the request for alteration of the purport and cause of the claim of this case, and the date of delivery of a copy of the request for alteration of the purport and cause of the claim of this case, multiplied by 5% per annum of the value calculated by multiplying the annual officially assessed individual land price of this case by the size of the part occupied by the defendant.

B. In light of the Supreme Court Decision 78Da274 Decided April 11, 1978, which held that the sale and purchase between the circumstances and relatives under the defendant's assertion is null and void as an anti-social juristic act, barring special circumstances, the plaintiff's claim of this case shall be dismissed, and the plaintiff shall be the defendant.