1. Of the 5,00 square meters of miscellaneous land in Gyeongbuk-gun, the Defendant indicated in the attached Form 41, 40, 39, 21, 22, 42, and 41, respectively, to the Plaintiff.

1. Facts of recognition;

A. On January 1, 2000, the Plaintiff purchased 5,000 square meters of land for the elderly C Miscellaneous-gun (hereinafter “Plaintiff’s land”) in the same year.

1. 21. The plaintiff completed the registration of ownership transfer in the future.

B. On September 21, 2015, the Defendant: (a) sold a D miscellaneous land 974 square meters adjacent to the south of the Plaintiff’s land; and (b) completed the registration of ownership transfer in the Defendant’s future on September 23, 2015, at the auction of the building (such as the gas station, etc. in the steel-rein concrete and light steel-framed sloping roof; hereinafter “Defendant’s building”).

다. 감정인 한국국토정보공사의 측량감정 결과 피고 건물이 원고 토지 중 별지 도면 표시 41, 40, 39, 21, 22, 42, 41의 각 점을 차례로 연결한 선내 ㈎부분 12㎡[이하 ‘㈎부분 토지’라 한다]를 침범하여 건축되었고, 같은 도면 표시 24, 25, 26, 19, 20, 21, 22, 42, 23, 24의 각 점을 차례로 연결한 선내 ㈁부분 57㎡[이하 ‘㈁부분 토지’라 한다]는 피고 건물의 위요지로서 콘크리트 포장이 되어 있는 것으로 확인되었다. 라.

(b) The amount equivalent to the rent of the portion of the land which the Defendant infringed upon upon as a result of appraisal of the appraisal by the appraiser Sam Chang Chang Corporation was confirmed to be KRW 442,920 ( KRW 36,910 on September 23, 2015 to September 22, 2016) from September 23, 2015 to September 36, 2016, and KRW 397,730 ( KRW 38,00 on August 7, 2017) from the following day until August 7, 2017.

[Ground of recognition] without any dispute, Gap evidence 1-1, 2, 3, and Gap evidence 2, the result of the survey and appraisal by the Korea Land Information Corporation, the result of the appraisal by the appraiser Sam Chang Chang Corporation Co., Ltd., the purport of the whole pleadings

2. According to the above facts of determination and conclusion, since the Defendant’s building and concrete packaging part for its use without a legitimate title intrudes the Plaintiff’s land without a legitimate title, the Defendant’s rent amount during the period during which the Defendant removed, delivers, and occupied the land the Defendant’s building constructed in the affected part to the Plaintiff.