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1. The Defendant indicated in the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, among the 1,498 square meters prior to Sejong Special Self-Governing City C.
Reasons
1. Facts of recognition;
A. As to the land of this case, D completed the registration of ownership preservation on April 16, 1970, and after D died, D completed the registration of ownership transfer on February 1, 2004 on the ground of inheritance due to consultation and division.
B. The Defendant and her husband built each of the instant buildings on the instant land. Since the death of E, the Defendant, as the owner of each of the instant buildings, occupied and used the instant building until the day of closing argument.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 2, 4 (including each number; hereinafter the same shall apply), Eul evidence 1 to 4, and the video of this court, the result of the commission of surveying and appraisal to the three-party branch offices of the Korea Land Information Corporation, the purport of the whole pleadings
2. According to the above facts of determination as to the primary cause of claim, the plaintiff is the owner of the land in this case, and the defendant is the owner of each of the buildings in this case and occupies each of the land in this case. Thus, barring any special circumstance, the defendant is obligated to remove each of the buildings in this case and deliver each part of the land in this case
3. Judgment on the defendant's defense
A. D, the previous owner of the land of this case, and E, the husband of the defendant, were the family-friendly relationship. At around 1973, the defendant and E wanted to build a house on the land of this case and asked D to lease it, and D accepted it. In lieu of the rent payment, D tried to put up six of the graves of this case on the land of this case and put up for a trial.
around 1974, E built a house on the land of this case and resided together with the defendant and his family members, set the vision each year, laid a grave, and started to set a punishment for a grave except for a tomb at D's request from 1989, and after E died, the defendant and his family members, who were the inheritor, have been implementing this up to now.
Therefore, it is illegal that the defendant leased and occupied the land of this case.