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The Defendant, as the Plaintiff
A. Of the land size of 203 square meters in Gyeonggi-gu, Gyeonggi-do, 203 square meters in the attached Form 2, 3, 4, 5, 14, 13, 12, and 2, respectively.
Reasons
1. Determination on the cause of the claim
A. Each of the following facts can be acknowledged by the parties to a dispute, or by the respective descriptions and images of Gap evidence of Nos. 1 through 7 (including branch numbers), Eul evidence of No. 8, 9, Eul evidence of No. 8, 8, and 9 (including each number), and by the overall purport of this Court's appraisal commission to the president of the flat branch of the Korea Land Information Corporation, and by the respective descriptions of No. 6, 10 (including branch numbers) are insufficient to reverse the recognition:
① The Plaintiff is the owner of a forest land of 203 square meters (hereinafter “instant land”) in Gyeonggi-gu, Gyeonggi-do, and the Defendant is the owner of a D & D 413 square meters adjacent to the instant land (hereinafter “ neighboring land”) and a building on the said ground.
② From around 2016, the Defendant constructed a new building on a neighboring land, which intrudes the boundary of the neighboring land and the instant land, and installed tin and wooden structure on the ground of 5 square meters in the attached Form No. 2,3,4, 5, 14, 13, 12, and 2 in sequence connected to the instant land among the instant land. Of the instant land, a telecommunications line owned and used by the Defendant is installed in the line connected each point of 11,10, 9, and 15 square meters in sequence among the instant land.
③ From the completion of registration for the preservation of ownership of the building on August 1, 2017, the Defendant occupies and uses the part of the land owned by the Plaintiff to the present day, and the monthly average rent from July 24, 2019 to July 24, 2019 to the said part of land is KRW 38,550.
④ The Defendant buried construction wastes generated in the process of constructing the said building on the instant land without the Plaintiff’s consent from May 29, 2019 to October 30 of the same month, and the Plaintiff totaling KRW 5,874,00 (= KRW 750,000 for the cost of removing the said construction wastes from around May 29, 201 to around around March 30 of the same month x KRW 1,00,000 for the cost of using the g50,000 for the cost of restoring the pents before installing the pents ( KRW 50,000 per day x 2 days) for waste treatment x KRW 650,00 for each truck transport x 3 times.