1. The Defendant removed the Plaintiff’s housing of 17 square meters on the ground of Pyeongtaek-si Co., Ltd. and of 17 square meters on the lub roof.

1. Facts of recognition;

A. On July 14, 2005, the registration of transfer of ownership in the Plaintiff’s name was completed on July 14, 2005 with respect to Pyeongtaek-si Co., Ltd. (hereinafter “instant site”).

B. The Defendant completed the registration of ownership transfer on Feb. 24, 2016 with respect to the instant house with Pyeongtaek-si D’s ground and the Skib roof, and used the said house from that time to that time. The instant portion of 17 square meters of the instant house (hereinafter “instant house”) is occupied by the Plaintiff’s entire site.

C. The amount equivalent to the rent of the instant site is KRW 810,000 from February 24, 2016 to December 31, 2016, and the monthly rent from January 1, 2017 is KRW 80,000.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 3, 4, and 5, result of commission of appraisal of rent to appraiser E, purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to remove the instant house to the Plaintiff, the owner, and deliver the instant site to the Plaintiff, except in extenuating circumstances.

In addition, as the Defendant interfered with the Plaintiff’s exercise of ownership due to the possession and use of the instant site, which is the owner of the instant site, the Defendant is obligated to compensate for damages from February 24, 2016, to the completion date of delivery of the instant site; and the amount of damages the owner incurred due to the illegal possession of real estate shall be calculated on the basis of an amount equivalent to the rent of the relevant real estate, barring special circumstances (see Supreme Court Decision 91Da20197, Sept. 24, 191). The Defendant is obligated to pay to the Plaintiff the amount equivalent to the rent, i.e., the amount equivalent to the rent from February 24, 2016 to December 31, 2016, and the amount equivalent to the rent from January 1, 2017 to December 80, 2000 won from the completion date of delivery of the instant site.

3. Determination as to the defendant's assertion

A. Before the Defendant acquired ownership of the instant house, the instant land was used as the site of the instant house.