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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On February 14, 1989, the Plaintiff completed the registration of ownership transfer based on the sale on February 10, 1989 in the name of the Plaintiff with respect to D forest land 41m2 (hereinafter “instant land”).
B. 1) On February 25, 1981, E means the land adjacent to the instant case, which was located near the instant land, 109 square meters F. 109 square meters (hereinafter “instant adjacent land”).
After purchasing the housing on and above, E completed the registration of ownership transfer for the neighboring land on February 26, 1981, and for the above above above ground on March 4, 1981.2) At least before January 1, 2007, E owned the building of the unregistered board for sale (hereinafter referred to as the “instant building”) on the part of “A” in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 1 of the instant land in sequence from January 1, 207.
C. On August 25, 2015, E: (a) died with G, H, I, and the Defendant under the chain of August 25, 2015; and (b) the Defendant solely inherited the instant adjacent land and the instant building by agreement division.
From January 1, 2007 to August 31, 2015, rent is KRW 3,389,80 (= KRW 387,600, KRW 374,850, KRW 357,600, KRW 367,200, KRW 397,800, KRW 4050, KRW 423,300, KRW 433,500 x August 1/12). From September 1, 2015 to March 29, 2015, rent is KRW 705,190 (=43,500 x KRW 43,48,408, KRW 408, KRW 1301, KRW 4008, KRW 3601, KRW 4008, KRW 1305,07).
[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 3, 6, Gap evidence Nos. 8-1, 10-1, and 10, Gap evidence No. 5-2, Gap evidence Nos. 5-1, and 2, the result of the appraisal by the appraiser J of the first instance court, the result of the measurement and appraisal entrusted to the Korea Land Information Corporation of the first instance court, the purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the facts acknowledged in 1.1. prior to the determination of removal and delivery claims, the defendant is legitimate to possess the land in the dispute of this case.