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1. The defendant shall be the plaintiff.
A. Of the land size of 7586 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Geumsan-gun, the annexed map No. 6, 7, 8, 9, 69, 68, 67, 66, and 6.
Reasons
1. Facts of recognition;
A. On August 9, 2013, the Plaintiff is the owner who completed the registration of ownership transfer with respect to the 7586 square meters of land (hereinafter “instant land”). The Defendant is the owner who completed the registration of ownership transfer with respect to the 46 square meters of land adjacent to the instant land on January 9, 2003.
B. The Defendant newly constructed a house over one’s own land and on the ground of the instant land, and occupied and used a portion of 60 square meters in the instant land, which is located in the order of each of the items indicated in the Appendix No. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 65, 64, 63, 62, 61, and 5, among the instant land, connected each of the items of the said land, and is part of the said housing, the area of 13 square meters in the order of each of which is indicated in the Map No. 6, 7, 8, 9, 69, 68, 67, 66, and 66.
C. The Defendant, on the ground of the instant land, occupied and used a wing, stable, vinyl house, etc. in addition to part of the said house, was removed in the course of the instant trial.
The sum of monthly rent from August 9, 2013 to October 8, 2015 for a partial land is KRW 5,500, and the monthly rent after October 9, 2015 is KRW 2,200.
[Ground of recognition] The facts without dispute; Gap evidence Nos. 1, 2, and 4; the defendant's branch office of the Korea Intellectual Property Corporation; the Daejeon East Do governor of the Korea Intellectual Property Corporation; the result of each survey and appraisal on the President of the Geum Mountainous District of the Korea Land Information Corporation; the result of the appraisal of rent for appraiser E; the purport of the entire pleadings
2. Determination as to the cause of claim
A. According to the above facts, the Defendant, without any title, has owned the portion of the instant land owned by the Plaintiff on the ground of the instant land owned by the Plaintiff and owned the said portion of the land (B). As such, the Defendant, as the owner of the instant land, is obligated to remove the said portion of the instant land and deliver the said portion of the land to the Plaintiff seeking the exclusion of interference. As to the possession of the said land, the amount of rent is equivalent from August 9, 2013 to October 8, 2015.