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1. On October 14, 1995, the Plaintiff (Counterclaim Defendant) against the Defendant-Counterclaim Plaintiff C with respect to “D major 377 square meters in Jeollabuk-gun, Jeollabuk-do.”
Reasons
1. Basic facts
A. On May 28, 2009, the Plaintiff completed the registration of ownership transfer in its name on the ground of “the inheritance by consultation and division on September 17, 1959” with respect to the instant land.
B. Around 1945, Defendant C’s steering division connects each point of 12 through 15, and 12 in sequence among the instant land to the (Ga) part on the ground of 28m2,00 square meters in annexed drawings, and connect each point of 16, 17, 10, 11, 12, 18, 19, and 16 in sequence with (B) part on the ground of 24m2, which connects each point of 16, 17, 10, 11, 12, 18, 19, and 16 on the ground of 11m2,000 square meters in annexed drawings, and (c) part on the ship (a) which connects each point of 18 through 21,000m2 in order with the same drawings to each point of 11m24m2.
(C) On August 25, 1984, E has occupied and used the instant building by leasing the instant building from Defendant C to use it as its site and ma, and after E died on August 25, 1984, G, F, F’s wife after death on August 30, 1985, G, after G’s death on February 27, 2006, Defendant C inherited the instant building in succession and occupied and used the instant land as its site and ma, etc. The present building has been occupied and used by the Defendant C. The Defendant leased the instant building from the Defendant C. The fact that there is no ground for recognition, evidence Nos. 1, 2-1 through 3, 1, 8-1 through 8, and the purport of the entire pleadings as a whole.
2. Determination as to the claim
A. Defendant C is obligated to remove the instant building, deliver the instant land, and pay the amount equivalent to the monthly rent from June 2009 to March 2014 and the amount equivalent to KRW 6,696,500, and the monthly rent from April 1, 2014 to the completion date of delivery of the instant land, inasmuch as Defendant C occupies the instant land that was illegally constructed on the instant land, which is owned by the Plaintiff. Defendant C is obligated to pay the amount calculated at the rate of KRW 124,00 per month from April 1, 2014 to the completion date of delivery of the instant land.