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1. The Plaintiff:
A. Defendant B, (1) among the land for factory E 297.9 square meters in Seongdong-gu Seoul, Defendant B is marked 1, 2, 11, 10, 10.
Reasons
1. Determination as to the cause of claim
(a)The facts subsequent to the facts of recognition may be found to be without dispute between the parties, or may be found by adding to the whole purport of the pleadings the results of the request for the replacement of F appraiser's office, the entries in Gap evidence 1 to 4 (including paper numbers), the results of the request for the inspection of the current status by the Vice-Governor of the Korea National Land Information Corporation
(1) Seongdong-gu Seoul Metropolitan Government Factory Site E 297.9 square meters (hereinafter “instant land”) is owned by the Plaintiff. The Seoul Seongdong-gu Seoul Metropolitan Government Office of the cement block structure and the 2nd floor of reinforced concrete structure, dormitories and warehouses are owned by Defendant B. The Seoul Seongdong-gu Seoul Metropolitan Government Office of Factory Site H73.2 square meters and the 773.2 square meters of the above ground reinforced concrete structure and the 5th floor neighborhood living facilities (general factories) of the above ground reinforced concrete structure are owned by Defendant C and D, respectively.
(2) The above building owned by Defendant B occupies the portion of 10.9 square meters in the ship (A) connected with each point of the attached Table 1, 2, 11, 10, and 1 among the instant land in sequence. The above building owned by the Defendant C and D occupies the attached Table 7, 8, 9, 12, and 7 among the instant land (hereinafter “the land of this case”). The above building owned by the Defendant C and D occupies the portion of 4.7 square meters in the ship (c) connected with each point of the attached Table 7, 8, 9, 12, and 7 among the instant land.
(3) The Defendants are using the above-owned building as a factory and other annexed facilities.
(4) The rent for the portion of Defendant B’s possession of the instant land was assessed as KRW 165,680 per month from December 1, 2015 to November 30, 2016, and KRW 171,675 per month from December 1, 2016, and KRW 71,675 per month from December 1, 2016, and KRW 71,440 per month from December 1, 2015 to November 30, 2016, and KRW 74,025 per month from December 1, 2016.
B. According to the above facts of recognition, the Defendants occupied part of the instant land owned by the Plaintiff through their own building, thereby infringing on the Plaintiff’s ownership. Therefore, the Defendants occupied the said land.