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1. Revocation of a judgment of the first instance;
2. The defendant shall be the plaintiff.
(a) A 1-story assessment building on the ground of 62m2 square meters in Seocho-si, Seocho-si.
Reasons
1. Judgment as to the primary cause of claim
A. Facts of recognition 1) Sincho-si C Dae-si 62 square meters (hereinafter “instant land”).
(2) Since July 10, 2008, the instant building is owned by the Plaintiff (hereinafter “instant building”). There is a unregistered and unauthorized building on the ground of the instant land (hereinafter “instant building”). Since the Defendant purchased the instant building from D on April 6, 2004 and received delivery, it has been occupying and using the instant building until now.
3) The sum of the rent equivalent to the instant land from July 10, 2008 to May 31, 2015 is KRW 2,813,600, and the amount equivalent to the rent equivalent to the instant land after June 1, 2015 is KRW 35,500 per month. The fact that there is no ground for recognition, Gap evidence 1, Eul evidence 1, and evidence 1 and 3, the result of the commission of the appraisal of rent to appraiser E by the court of first instance, and the purport of the entire pleadings.
B. Determination 1) Since removal of a building is a fact that constitutes a final disposition of ownership, in principle, the owner of the building has the right to remove and dispose of the building only (in principle under the Civil Act), and exceptionally, a person who is in the position to legally or factually dispose of the building in possession within the scope of such right, such as purchasing and possessing the building from the former owner, etc., has the right to remove and dispose of the building (see Supreme Court Decision 2002Da61521, Jan. 24, 2003). In addition, since a building cannot be left the site, the land which became the site of the building can not be deemed to be occupied by the owner of the building. In such cases, even if the owner of the building does not actually occupy the building or its site, it shall be deemed that the owner of the building occupies the site for the ownership of the building, and the transferee who acquired the unregistered building and acquired the right to dispose of the building can also be deemed to possess the building site (see Supreme Court Decision 2002Da6139, Jan. 29, 20103).