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1. The Plaintiff:
A. Defendant B, in turn, connects each point in the attached drawing marks 5, 66, 9, 5, and 5.
Reasons
1. Basic facts
A. On November 9, 2015, the Plaintiff completed the registration of transfer of ownership on the ground of sale by compulsory auction on November 5, 2015, for the land of 39.7 square meters in Jung-gu, Busan and for the land of 1.3 square meters in Jung-gu, Busan (hereinafter “instant land”).
B. Three-story buildings ( underground 43.8 square meters, 1st 62.2 square meters, 2nd 62.2 square meters, 3rd 4.4 square meters, and 44.4 square meters, each of which is located on the ground of the instant land and the State-owned land (hereinafter “instant building”) are located on the land and the State-owned land.
The instant building is unregistered and unauthorized buildings that did not have the right to use the instant land.
C. On December 4, 2015, the Plaintiff purchased the instant building from F to KRW 9 million.
Defendant B, among the instant buildings, has been engaged in the business of “G” in the name of “G,” while possessing the area of 102m2, 31.1m2 of the part on the ship (C) that connects each point of the attached drawing indication 5, 6, 6, 9, 5, 5.
(hereinafter “Defendant B’s portion of possession”). (e)
피고 C은 이 사건 건물 중 별지 도면 표시 ㅅ, ㅇ, ㅈ, ㅊ, ㅌ, ㅍ, ㅋ, ㅅ의 각 점을 차례로 연결한 선내 (라) 부분 2층 201호 62.2㎡를 점유하면서 주거지로 사용하고 있다
(f) The rent from December 4, 2015 to September 8, 2016 under Defendant B’s possession is KRW 1,658,040, and the rent from September 9, 2016 is KRW 180,600 per month.
G. The rent from December 4, 2015 to September 8, 2016 in the part of Defendant C possession is KRW 1,165,240, and the rent from September 9, 2016 in KRW 126,920 per month.
[Ground of recognition] A without dispute, entry (including additional number) in Gap's evidence 1 through 6, 9 through 15, and the result of a request for a fee appraisal to a corporation corporation at sight in this court, the purport of the entire pleadings
2. Determination
A. According to the above facts, the building of this case, which is the part of the defendants' possession, does not have the right to use the land of this case for its existence. Thus, the plaintiff who is the land owner of this case, and the defendants are the defendants.