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1. The Defendant indicated 1 through 9, 11, 12, 15, 14, 14, and 1 on the attached sheet No. 559 square meters on the ground, 559 square meters in Gyeongnam-gun.
Reasons
1. Facts of recognition;
A. The Plaintiff owned the instant land at the auction on January 30, 2013, 201, 559 square meters (hereinafter “instant land”). The Defendant owned a building on the ground of 98 square meters in which the attached Table 1 through 9, 11, 12, 15, 14, and 1 among the instant land are connected in sequence with the land of this case.
B. The amount equivalent to the rent from January 31, 2013 to January 30, 2014, the instant land was KRW 411,600 per month, while the amount equivalent to the rent from January 31, 2014 to December 31, 2014, the amount equivalent to the rent from January 31, 2014 to December 31, 2014 is KRW 450,80 per month.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the result of the request for appraisal by this court, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to remove a building on the ground of the attached Table 1 through 9, 11, 12, 15, 14, and 1 among the instant land among the instant land owned by the Plaintiff, which is the owner of the instant land, and remove a building on the ground of 98 square meters connected with each other in sequence, and deliver the said land. From November 16, 2013 to January 30, 2014, from November 16, 2013 to January 30, 2014, 35,64 won (41,60 won, 98/1131), from January 31, 2014, to January 31, 2014, to pay money calculated at each ratio of 39,061 won (450,80 won, 98/11310 won) monthly.
(3) The Plaintiff asserted that the Plaintiff’s payment of money calculated at the rate of KRW 39,061 per month from November 16, 2013 to January 30, 2014. However, according to the result of the request for appraisal by this court, the monthly rent for the above period is KRW 35,664, and the Plaintiff’s assertion in excess of this is without merit).3. The Defendant’s assertion as to the Defendant’s assertion on September 20, 201, purchased the instant land and buildings from E, and acquired legal superficies under the customary law on the instant land, and thus, the Plaintiff’s claim cannot be complied with.
On September 20, 201, G sold the instant land and its ground buildings to the Defendant, and the Defendant only sold the instant land on October 10, 201.