Text
1. The defendant shall be the plaintiff.
A. Of the land size of 130 square meters in Busan Northern-gu, Busan, each point of the attached Table 1, 2, 9, 10, 7, 6, and 1 is marked.
Reasons
1. Basic facts
A. The Plaintiff completed the registration of ownership transfer on October 28, 1986 for the instant land based on sale and purchase dated October 27, 1986.
B. On February 1, 1999, the Defendant completed the registration of ownership transfer for the instant building on the ground of the sale on January 4, 1999, with respect to the instant building, which was linked to the instant land, from the land of the Busan Northern-gu D-gu, Busan-gu, Seoul-do. (hereinafter “instant building”).
C. On the ground that the warehouse, which is a part of the instant building, connects each point of No. 1, 2, 9, 10, 7, 6, and 1 among the instant land, part of “B” is located in the underground of No. 3.2m2m2, which connects each point of No. 10, 9, 8, 7, and 10m2, the same appraisal of “B” portion of “B” (hereinafter the above “B” and “C”), each of which is located in the ground of No. 0.9m2, which connects each point of No. 10, 9, 8, 7, and 10.
Of the instant land, the sum of the charged part of the instant land from May 10, 2003 to May 9, 2014 is KRW 789,700, and annual rent from May 10, 2013 to May 9, 2014 is KRW 79,500.
[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 3 (including each number), Eul's statements and images Nos. 4, 5, and 7, and the result of this court's entrustment of survey and appraisal of the Korea Intellectual Property Corporation, the result of this court's entrustment of survey and appraisal of the appraiser E, the purport of the whole pleadings
2. According to the facts of the judgment as to the cause of the claim, the defendant occupied and used the affected part of the land of this case through the possession of a warehouse and a toilet, which is a part of the building of this case, and thereby gaining profits equivalent to the rent for the affected part without any legal cause, and thereby giving damages equivalent to the same amount to the plaintiff.
Therefore, barring special circumstances, such as the existence of a legitimate possessory right, the above warehouse and toilet in the part of the crime in this case are removed, and the part of the crime in this case is delivered to the plaintiff, and the above part is delivered.