1. The Defendant’s KRW 139,601 as well as 5% per annum from March 1, 2019 to October 23, 2019 to the Plaintiff.

1. Basic facts

A. The Plaintiff is the owner of 3345 square meters (hereinafter “Plaintiff’s land”). The Defendant is the trustee of the Defendant’s land and the building that completed the registration of ownership transfer in each Defendant’s name on the same day by being entrusted with each of the 568 square meters, Dong-si E-si, Dong-si, attached to the Plaintiff’s land (hereinafter “Defendant’s land”) on January 17, 2018, and the general wood structure of the second floor resting 87.8 square meters and 44.75 square meters (hereinafter “Defendant’s building”).

B. The Defendant, among the Plaintiff’s land, installed stone embankments, stairs, etc. on the part of 38 square meters in a ship connecting each point of the following points in order to indicate 1, 2, 3, 4, 43, 42, 41, 40, 39, 38, and 1, and occupied and used them, and removed all of them around February 28, 2019, and delivered the part of the said bed to the Plaintiff.

C. The annual rent for the part of the crime in question is KRW 103,420 for year 2017, KRW 123,530 for year 2018, and KRW 135,020 for year 2019.

[Reasons for Recognition] Unsatisfy, each entry and video of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that the Defendant occupied and used the part of the Defendant’s building without permission from December 24, 2017, which was the time of completion of the construction. The Plaintiff asserts to the effect that, from that time, the Defendant sought payment of KRW 150,450,000, which is an amount equivalent to the rent from February 28, 2019, which is the time of the Defendant’s occupation, from that time to February 28, 2019, the Defendant’s occupation commencement date is November 6, 2018.

B. According to the records No. 1 and No. 4-2, it can be acknowledged that the Plaintiff sent to the Defendant on June 7, 2018 that “the Defendant, on January 2018, after completing the registration of ownership transfer with respect to the Defendant’s land and building, installed a axis and drainage channel, etc. on the part of the offense.” According to the above facts, the Defendant’s commencement of the possession of the offense part is after the date of the registration of ownership transfer under the Defendant’s name.