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1. The defendant shall be the plaintiff.
A. Of Co., Ltd. 1181m2, the annexed drawing indication 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 28, among the annexed drawings of 1181m2.
Reasons
1. Facts of recognition;
A. On February 13, 2013, the Plaintiff completed the registration of transfer of ownership based on sale with respect to C, 1181 square meters and D forest land 662 square meters (hereinafter “instant land”).
B. The Defendant is a company that created and sold F-Industrial Complex in E and 32 lots outside Si of public city. The Defendant, while constructing an agro-industrial complex, installed the portion (B) in the attached Form No. 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 18 of the attached Form No. 23, 35, 36, 37, 38, 39, 40, 41, 42, 43, 46, 46, 46, 47, 47, 47, 24, 234, 23 of the attached Form No. 1181 square meters in public city in public city, and installed a concrete on the ground (e) part (b) of the attached Form No. 23, 35, 36, 37, 39, 402.
C. The rent from February 13, 2013 to December 31, 2015, from the land in the part of paragraphs (b) and (e) is KRW 177,941 as shown in the rent calculation sheet, and the rent from January 1, 2016 is KRW 5,399 per month.
[Ground of recognition] A without dispute; Gap evidence Nos. 1 and 2; Eul evidence Nos. 4; the result of this court’s verification; the result of the survey appraisal conducted by the Director of the Korea Land Information Corporation, the result of the appraisal conducted by the Director of the Korea Land Information Corporation; the purport of the whole pleadings
2. In determining the cause of the claim, given the location, physical structure, use, etc. of the instant concrete waterway laid underground, the economic value may not be deemed to have been significantly decreased if excessive costs are required to separate it from the land, and thus, the instant concrete waterway cannot be deemed to correspond to the instant land.
(2) The Defendant, who constructed a F-Industrial Complex on January 26, 2012 (see, e.g., Supreme Court Decision 2009Da76546, Jan. 26, 2012). Therefore, the Defendant, who occupied the said land by installing a concrete waterway on the land in (b) and (e) the part of the said land, shall remove the instant concrete waterway to the Plaintiff, who is the owner of the said land, deliver the land in (b) and (e) the part of the said land. The Plaintiff, who acquired the ownership of the instant land, is reasonable from February 13, 2013 to December 31, 2015.