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1. The Defendant marks 1, 2, 3, 4, and 1 of the annexed drawings among the area of 436 square meters in the area of 436 square meters in Jeonnam-gun, Jeonnam-do.
Reasons
1. Basic facts
A. As to the instant land, the Defendant completed the registration of transfer of ownership on December 24, 2010, F on October 28, 2019, with respect to the registration of transfer of ownership on December 28, 2019, and the Plaintiff on November 6, 2019.
B. During the instant lawsuit pending, the Plaintiff’s succeeding intervenor (hereinafter “Plaintiff’s succeeding intervenor”) and the Plaintiff concluded a sales contract of KRW 20 million with respect to the instant land on May 7, 2020. The Plaintiff’s succeeding intervenor completed the registration of ownership transfer based on the sales contract on June 2, 2020.
C. The Defendant is using each of the following parts: (a) livestock breeding farms on the ground of 9 square meters connected each point of 1,2,3,4,100 square meters among the instant land; (b) livestock breeding farms on the ground of 59 square meters connected each point of 5,6,7,8,9,000 square meters in sequence; and (c) livestock breeding farms on the ground of 10,11,12,13,14,100 square meters connected each point of 156 square meters in sequence; (c) fish farms on the ground of 156 square meters connected each point of 156,000 square meters in order of the indication of the attached drawing; (d) livestock breeding farms on the ground of 15,000 square meters; and (d) fish farms on the ground of 23,24,26,27,28,27,27, and 100 square meters in each of the instant land; and (d) each of the instant land owned on the ground;
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 3 through 6, and 8; the result of this court's commission of surveying and appraisal to the Do governor of the Korea Land Information Corporation; the purport of the whole pleadings
2. Determination
A. Determination as to the cause of the claim