1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The relationship between the Plaintiff and the Defendant (1) is the denial of the net C (Death on February 6, 2005) by the Plaintiff, and the Defendant is the birth of the net C.

(2) From around 2006, there was a dispute between the Plaintiff and the Defendant as to the use of the D-758 square meters (hereinafter “instant land”) in Suwon-si, Suwon-si, Suwon-si, the Plaintiff inherited from the deceased C, and the two-story and 2-story neighborhood living facilities in the steel frame and the two-story residential facilities in the building owned by the Defendant located on the ground of the instant land, and the 165.06 square meters in the second floor (hereinafter “instant building”).

B. After the change of ownership of the instant land and buildings, ownership was changed on the grounds of a lawsuit or sales contract between the Plaintiff and the Defendant with respect to the instant land and buildings, as follows.

(1) On July 26, 2005, the owner of the ground for registration of the No. 1 on July 26, 2005, the date of registration of the instant land: (a) on April 24, 2007, the consultation division on February 6, 2005, Plaintiff on April 24, 2007 (U.S. District Court 2006Gadan83860): Defendant 33.5%: 66.5% on October 2, 2007, Defendant (2) on October 2, 2007, the date of registration of the instant building No. 11, the owner of the ground for registration of the instant building No. 1999, Sep. 11, 199; (b) on December 30, 2008, the conciliation division was conducted on April 24, 2007 (Plaintiff 206Da3886, Mar. 13, 2015).

C. The Defendant with respect to the use of the instant land and buildings is operating a restaurant from the time of the construction of the instant building to exclusively use and benefit from the instant land and buildings.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts of recognition as above, the Defendant acquired a profit equivalent to the monthly rent corresponding to the Plaintiff’s share by exclusively using the instant land and buildings during the period in which the Plaintiff owned them, and thereby incurred a loss equivalent to the same amount to the Plaintiff.

As such, it can be seen.