1. The Defendant connects the Plaintiff with each point of the attached Form 1 through 16, and 1, among the area of 469 square meters in Chungcheongnam-si, Chungcheongnam-si.

1. Facts of recognition;

A. The land in this case was owned by J in all of the size of 469 square meters (hereinafter “instant land”) prior to D, Chungcheongnam-si, Chungcheongnam-si, and 50 square meters adjacent thereto, E, 90 square meters, F 1347 square meters, G river 1065 square meters, H bank 453 square meters, and I river 161 square meters. On November 2, 2009, J leased the said land to the Defendant as a site for construction materials and used it as a site for construction materials. The Defendant, even as of the date of closing argument in this case, occupied and used the part (a) of the instant land (hereinafter “instant dispute part”) that was connected in sequence with each point of 1 through 16, and 14 square meters (hereinafter “instant part”).

B. On March 13, 2012, the Plaintiff purchased the instant land through a public auction.

[Reasons for Recognition] The facts without dispute, Gap evidence 1, Eul evidence 1 and Eul evidence 5 (which include numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Defendant without any title occupies and uses the part of the instant dispute, which is owned by the Plaintiff.

Therefore, the Defendant is obligated to deliver the part of the instant dispute to the Plaintiff and remove the pents installed above. From November 10, 2014, the Defendant is obligated to pay unjust enrichment equivalent to the rent from November 10, 2014 to the end of the possession of the instant dispute or the day of loss of the Plaintiff’s ownership.

B. The Plaintiff’s claim against the Defendant against the Defendant cannot be permitted as an abuse of rights as a whole, and the Defendant is a bona fide possessor with respect to the claim for unjust enrichment equivalent to rent, and the Defendant is liable for payment only for the part after the instant lawsuit was filed

3. Determination

A. According to the facts found above, the defendant occupies and uses the part of the dispute of this case owned by the plaintiff as a field yard. Thus, the defendant is obligated to deliver the part of the dispute of this case to the plaintiff, unless there are special circumstances, such as proving the title of possession as to the part of the dispute of this case. 2) Meanwhile, the defendant exercises the above rights.