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1. The Plaintiff:
A. Defendant B shall display a map in the attached Form No. 1, 2, 3, 4 and 1 among the area of 261 square meters in Gwanak-gu in Seoul Special Metropolitan City.
Reasons
1. In fact, the facts under recognition do not conflict between the Plaintiff and the Defendant, or may be acknowledged in full view of the purport of the entire pleadings in the fact-finding reply to the head of the Seoul Gwanak-gu Seoul Special Metropolitan City, and the confessions between the Plaintiff and the Defendant C.
The plaintiff is the owner of 261m2 in Gwanak-gu in Seoul Special Metropolitan City.
B. On October 21, 2014, Defendant B purchased a building without permission (as a result of the fact-finding reply, the actual size of the building is 26.45 square meters; hereinafter “instant building”) above 40 square meters on the ground, which is part of the instant land, (i), (ii), (iii), (iv), and (i) connected each point in sequence, and (hereinafter “instant land”) and owns the de facto right to dispose of the instant building as of March 11, 2017; Defendant C leased the instant building from Defendant B with KRW 350,000 on a monthly rent of KRW 350,000.
2. Determination
A. According to the above facts, Defendant B, barring any special circumstance, removed the instant building and delivered the instant land, and upon the Plaintiff’s request, Defendant B, as of March 11, 2017 through August 11, 2017, leased the instant building to Defendant C at KRW 1,750,000 (=350,000) from March 11, 2017 to August 11, 2017; Defendant B leased the instant building at KRW 350,000 from March 11, 2017 to Defendant C; in light of the fact that the actual area of the building is 26.45 square meters, monthly rent as of March 11, 2017 is at least KRW 350,000, and thereafter, rent as of August 11, 201 to the same amount 】 Defendant C is obligated to return the instant building to Defendant C from March 10 to August 30, 2017.
B. As to this, Defendant B knew that it was constructed on the State-owned land at the time when the above Defendant purchased the instant building.