The Plaintiffs completed the registration of ownership transfer on October 15, 2014 with respect to each of 1/2 shares of D large 324 square meters (hereinafter “instant land”) in Gyeongnam-gun, Gyeongnam-gun (hereinafter “instant land”). < Amended by Act No. 12844, Aug. 19, 2014>

On December 30, 1996, the Defendant’s night E completed the registration of ownership transfer with respect to F-76 square meters of land adjacent to the instant land (hereinafter “instant adjacent land”) and the 10 square meters of a single-story housing unit, which is located on the instant land. On the same day, the title section of the registry on the said building was changed to 29.75 square meters of a single-story housing unit on the same ground.

On October 22, 2008, the Defendant completed the registration of ownership transfer of the adjoining land of this case and its ground buildings, and changed the land category of the adjoining land of this case to the parking lot on March 4, 2009.

However, among the instant land owned by the Plaintiff, part of the warehouse building and fence owned by the Defendant on the land adjacent to the instant case, which are owned by the Plaintiff, occupied the part (B) of 23 square meters connected in order to each point of (b) of the attached Form No. 8, 9, 10, 11, 28, 27, 26, 25, 24, 23, 22, 22, 21 and 8, and part of the Defendant’s warehouse building and fence connected each point of (c) 5,6, 7, 20, and 5 square meters in sequence among the instant land.

On September 11, 2017, the Defendant stated to the effect that “within the city (the Plaintiff’s land) shall not be returned, and as a matter of course, (the building) shall be returned,” in telephone conversations with the Plaintiff A.

[Reasons for Recognition] Fact-finding without dispute, Gap evidence Nos. 1, 2, 6, and 11; the result of the appraisal commission to the Korea Land Information Corporation's Korea Land Information Corporation; and the above fact-finding as to the ground for claim of the whole pleadings, barring any special circumstance, the defendant is obligated to remove the warehouse and fence on the ground part (B) above, and the warehouse on the ground (c) above and deliver the above land to the plaintiffs, who are the owners of the land of this case.

[Defendant] The plaintiffs are above (B).