Text
1. On the plaintiff (Counterclaim defendant)
A. The Defendant-Counterclaim Plaintiff B is marked with the annexed map No. 15, 16, out of G forest land No. 675 square meters in Namyang-si, Namyang-si.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On January 15, 2002, the Plaintiff is the owner of the instant forest, the husband of which succeeded to G forest land G 675 square meters (hereinafter “instant forest”) in Namyang-si, Namyang-si, the husband of which completed the registration of ownership transfer.
B. Defendant B, among the forest land in this case, constructed and owned a single-story assembly structure on the ground of the part 119 square meters (hereinafter “the part of land in this case”) that connects each point of the annexed drawings Nos. 15, 16, 17, 18, 19, 20, 21, 22, 22, 23, 24, 25, and 15 in sequence, and owned it. Defendant E and F leased it to Defendant E and F.
C. Defendant C, among the forest land of this case, connects each point of 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, 13, 14, and 1 of the annexed drawings among the forest land of this case, was constructed on the ground of part 73 square meters (hereinafter “the part on the land of this case”), and owned a single floor assembly type panel and block structure. Defendant C leased this to Defendant D and used it.
The total amount of rent from September 4, 2003 to June 20, 2014, which was not over ten years from the date of the filing of the instant lawsuit with respect to the portion possessed by Defendant B without permission, is KRW 3,668,440, and the monthly rent in 2014 is KRW 40,760.
E. Meanwhile, Defendant C was the owner of the land I and the building and J land adjacent to the instant forest land, Nam-si, Nam-si, the neighboring real estate of the instant forest, and Defendant C was the owner of the said land, while expanding the said I-Ground building, which affected the instant land area. Since then, Defendant C entered into a lease agreement with the end of June 29, 2009 (hereinafter “instant lease agreement”).
Since then, Defendant C paid 1.5 million won annual rent for the year of June 29, 2008 to the Plaintiff on five consecutive occasions.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 13, appraiser K of this court, result of each entrustment of appraisal to L, the purport of the whole pleadings
2. The plaintiff's defendant B.