1.The judgment of the first instance shall be modified as follows:

The defendant is on the ground of 11,273 square meters on the land of Seo-gu Busan Metropolitan City.

1. Basic facts

A. On August 24, 2015, the Plaintiff completed the registration of ownership transfer on the ground of sale on May 18, 2015, with respect to 11,273 square meters in Seo-gu Busan Metropolitan City (hereinafter “instant land”).

B. The Defendant is a person who owns a building indicated on the land of this case as indicated on the land of this case (hereinafter “instant building”) and occupies the land corresponding to the relevant site (hereinafter “land occupied by the Defendant”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2-1, 2-3 of evidence Nos. 2 and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, barring special circumstances, the Defendant is obligated to remove the instant building and deliver the land occupied by the Defendant to the Plaintiff seeking the removal of disturbance as the owner of the instant land, barring special circumstances.

B. According to the above facts, from August 24, 2015, the defendant acquired the ownership of the land of this case to the date of the closing of argument in this case, obtained profits by occupying the land of this case without any legal cause and thereby, thereby causing damage equivalent to the same amount to the plaintiff. 2) The amount equivalent to the rent for the land of this case to the defendant occupied by the defendant of this case can be calculated by the method under the hostile Act multiplying the basic price of the land in this case by the expected interest rate. In this case, the expected interest rate is sufficient to determine by taking into account the lending rate of the government bonds, the long-term loan interest rate of the bank, the ordinary market interest rate, the normal real estate transaction profit rate, the State Property Act and the Local Finance Act, the Land Compensation Evaluation Guidelines, etc.

Accordingly, according to Article 32 of the State Property Act and Article 29 of the Enforcement Decree of the same Act, the officially assessed individual land price shall be multiplied by 2% per annum.