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1. The Defendant shall, in order to the Plaintiff, each point indicated in the attached Form No. 5, 6, 20, and 5, among the area of 383 square meters of the land of Geumsan-gun, Chungcheongnam-gun.
Reasons
1. Facts of recognition;
A. On June 23, 2009, the Plaintiff acquired the ownership of the land in Geumsan-gun, Chungcheongnam-do, and the Defendant is the owner of the D land adjacent to the said land.
B. The Defendant owned a building on the above D’s ground and constructed a part of the building [2 4m2 in the ship connected each point of the attached Form 5, 6, 20, 5 in sequence among the above C’s land and 6, 7, 8, 19, and 6m2 in the attached Form Nos. 6, 7, 8, 19, and 6]; the part of the building’s land owned by the Plaintiff (2m2 in the ship connected each point of the attached Form Nos. 4, 5, 6, 7, 8, 9, 10, 18, 17, 15, 15, and 4 are used as the part of the land owned by the Plaintiff (33m2 in the ship connected each point of the attached Form No. 4, 5, 7, 8, 10, 17, 15, and 4)
C. The size of land owned by the Plaintiff, which the Defendant occupied and used as the site for his/her own building, is 33 square meters, and the rent from June 23, 2009 to June 22, 2015 of that part is 873,180 won, and the monthly rent from June 23, 2015 is 13,860 won.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the result of the request for surveying the cadastral status of the President of the Geum-gu District of the Korea Land Information Corporation, the result of appraisal of rent by appraiser E, the purport of the whole pleadings
2. Determination
A. According to the above fact of recognition as to the cause of claim, the Defendant is obligated to remove the Plaintiff’s land by owning and using the Plaintiff’s land on the ground owned by the Plaintiff, and to deliver the said part to the Plaintiff at the rate of KRW 873,180, and KRW 860,00,000, which is the amount equivalent to the rent from June 23, 2009 to June 22, 2015, for the period from June 23, 2015 to June 33, 2015, the Defendant is obligated to pay to the Plaintiff the amount calculated at the rate of KRW 13,860,00, which is ratified as the monthly rent for the next month from June 23, 2015 to June 23, 2015.
B. The defendant's assertion is determined by the plaintiff.