1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On January 29, 2015, the Plaintiff: (a) on January 28, 2015, the ownership transfer registration based on the consultation on the acquisition of public land on January 28, 2015; (b) on January 29, 2015, the registration of ownership transfer based on the consultation on the acquisition of public land on January 28, 2015; and (c) on January 30, 2015, the ownership transfer registration based on B large 463 square meters (hereinafter “former land”) was completed on January 29, 2015 with respect to the land in the instant case on the grounds of consultation on public land; and (d) on February 13, 2015, the ownership transfer registration based on the consultation on the land in the instant case on the land in the instant case on February 13, 2015, was altered to each of the instant land.

B. Of the instant land, the instant part (A) and the instant part on the ground B of Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, are constructed with a 152 square meters wide and 152 square meters in a facility for living in the second class neighborhood living in the 2nd floor of the Gyeongyang-do (hereinafter “instant building”). As to the instant building, registration of preservation of ownership was completed in the future of the Defendant on May 21, 2015.

C. The monthly rent of the instant part (A) from January 29, 2015 to January 28, 2016 is KRW 218,050, and the monthly rent from January 29, 2016 to January 28, 2017 is KRW 223,250.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 6, Eul evidence No. 1, the result of survey and appraisal conducted by appraiser E of the first instance court, the result of appraisal of rent by appraiser F of the first instance court, and the purport of whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, the Defendant is obligated to remove part of 104 square meters constructed on the ground of the part of the instant building among the instant building, and deliver the instant part of the land to the Plaintiff, barring any special circumstance. 2) As to the Defendant’s defense, etc., the Defendant leased the instant land before the merger from H, which was the Defendant’s decedent G, who was the owner of the instant land prior to the merger, and due to the deceased G’s death, the Defendant is the lessee.