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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 20, 2001, the Plaintiff was awarded a successful bid for the auction of real estate rent B with the Busan District Court of Dong, Busan District Court of the case and completed the registration of transfer of ownership by obtaining a successful bid for the housing of 128m2 and 3m2 above land (hereinafter referred to as “C land”) and of 54m2 (hereinafter referred to as “instant land”).
B. On September 4, 2008, the Defendant purchased a house with 149 square meters and 2nd floor (hereinafter referred to as “E land”) adjacent to the instant land in Busan Shipping Daegu, Busan, and completed the registration of ownership transfer on September 5, 2008.
C. The current status of the instant land, C, and E shall be as shown in the attached Form 1.
(A), (b), and (c) the combined part of each land is the land in this case.
Of the instant land, the attached Table 2 appraisal map Nos. 1, 2, 12, 11, and 1 are used by the Defendant as the entry to and exit from the instant land into the E-house. Of the instant land, the attached Table 2 appraisal map Nos. 2, 3, 4, 5, 14, 13, 12, and 10m2 connected each point of the attached Table Nos. 2, 2, 3, 4, 5, 14, 13, 12, and 2 (hereinafter referred to as “the attached part”) is a entry into the C housing and E housing, and is jointly used by the Plaintiff and the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence 2-1, 2, 3, Gap evidence 3, and 4, each entry of Eul evidence 1, 2, and 3, each entry of Eul evidence 1, 2, and 3, the result of this court's request for surveying and appraisal to the Vice-Governor of the Korea Land Information Corporation in Busan, Busan, the purport of the whole pleadings
2. The parties' assertion
A. On September 4, 2008, the Defendant purchased a house E in order to use it as an employee accommodation, and entered the house E and used the part of the land of this case owned by the Plaintiff without permission.
The Defendant is obligated to pay the Plaintiff KRW 20,329,00, which is equivalent to the rent from September 4, 2008 to May 6, 2016, and KRW 217,516, which is the amount equivalent to the rent from May 7, 2016.
(b) the defendant.