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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 13, 2008, E acquired the private ownership of the instant land as a co-owned partition of co-owned property on the following grounds: (a) on March 17, 2015, the Plaintiff purchased the instant land during the public sale conducted by the Korea Asset Management Corporation on March 17, 2015.
B. GJ large 261 square meters (hereinafter “Defendant-owned land”) was divided into I, which was originally owned by H, etc., and the Defendant purchased from H and J’s agent E at the time of June 18, 2007 and completed the registration of ownership transfer under the Defendant’s name on July 10, 207.
C. The location, area, etc. of neighboring land, including the instant land and the land owned by the Defendant, are indicated in the attached drawings.
[Reasons for Recognition] Facts without dispute, or entries in Gap evidence 1 to 6, Eul evidence 3, and 5 (including paper numbers), the purport of the whole pleadings
2. Judgment on the parties' arguments
A. 1) The plaintiff asserts that the defendant without legal title gains profit equivalent to the rent and thereby causes damage to the plaintiff as a result of the defendant's occupation and use of the land of this case owned by the plaintiff without legal title. Thus, the defendant claims that the plaintiff transfer the land of this case to the plaintiff, and that the defendant cannot exclusively claim the plaintiff's land of this case for the purpose of using the land of this case as an access road in the process of constructing adjacent land on April 28, 2015 to July 28, 2015, calculated at the rate of KRW 915,787 and KRW 245,300, the monthly rent of 245,300, the monthly rent of which is the amount from July 29, 205 to the delivery date of the land owned by the plaintiff: the defendant's land of this case, D, the former owner of the land of this case, cannot be used as an exclusive access road in the process of constructing a new house on October 16, 2004.
(b) judgment;