1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport 1.1.

1. Facts of recognition;

A. The Plaintiff is the owner who completed the registration of transfer of ownership on July 14, 2005 with respect to “17 square meters in Pyeongtaek-si Co., Ltd.” (hereinafter “instant site”).

B. The Defendant is the owner of Pyeongtaek-si D’s ground brick and sloping roof, and the portion of 17 square meters on the first floor among the foregoing housing (hereinafter “instant housing”) is occupied by the entire site of this case.

C. From February 24, 2016 to December 31, 2016, the amount equivalent to the rent of the instant site is KRW 810,000, and the amount equivalent to the monthly rent from January 1, 2017 is KRW 80,000.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 3, 4, and 5, result of a request for appraisal of rent to appraiser E by the court of the first instance, the purport of the whole pleadings

2. The judgment owner with respect to the cause of the claim is entitled to claim the removal of disturbance against the person who disturbs ownership, and the person who possesses an article that belongs to the ownership is entitled to claim the return of the article (Article 213 and Article 214 of the Civil Act). According to the above facts of recognition, the defendant is obligated to remove the house of this case to the plaintiff who is the owner and deliver the site of this case,

In addition, as the Defendant, without any title, interfered with the Plaintiff’s exercise of ownership, which is the owner of the instant site, by occupying and using the instant site without title, the Defendant shall compensate for damages from February 24, 2016 commencing the possession to the completion date of delivery of the instant site, and the amount of damages incurred by the owner due to the illegal possession of real estate shall be calculated on the basis of an amount equivalent to the rent of the relevant real estate, barring special circumstances (Supreme Court Decision 91Da20197 Decided September 24, 191). The Defendant is obligated to pay to the Plaintiff the amount equivalent to the rent, namely, the amount equivalent to the rent from February 24, 201 to December 31, 2016, and the amount equivalent to the rent from January 1, 2017 to December 80,000 won from the completion date of delivery of the instant site.

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