A. On May 6, 2015, the Plaintiff completed the registration of ownership transfer on the land listed in attached Table No. 1 (hereinafter “instant land”) due to sale.

B. On June 12, 2003, the Defendant completed the registration of ownership transfer due to inheritance by consultation and division on December 17, 2002 regarding D land and buildings listed in Paragraph 2 of the attached Table on its ground (hereinafter “instant buildings”).

C. Among the instant buildings, the portion of 54 square meters on the ship, connecting each point of 10, 11, 12, 13, 14, 15, and 10, among the items indicated in the attached drawings, is affected by the instant land. The indication of the attached drawings 8, 9 is the board and fence, and the Defendant occupied 86 square meters on the ship, which connects each point of 6, 7, 8, 9, and 6 of the attached drawings among the instant land, in turn, the Defendant occupied 86 square meters on the ship (hereinafter “the instant bedroom land”).

The annual user fees of the instant land in 2015 are KRW 252,066, annual user fees of KRW 343,140, annual user fees of KRW 2016, annual user fees of KRW 363,780, annual user fees of KRW 2017, annual user fees of KRW 430,860, annual user fees of KRW 2018, and monthly user fees are KRW 35,905.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a paper number; hereinafter the same shall apply), result of a request for surveying and appraisal by the Korea Land Information Corporation, result of a request for appraisal of rent to appraiser E, purport of whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the building of this case exists on the land of this case and interferes with the Plaintiff’s ownership on the land of this case. Thus, the Defendant, barring special circumstances, has a duty to remove 54 square meters of the attached Form 10, 11, 12, 13, 14, 15, and 10 among the buildings of this case, connected in order to the Plaintiff each point of 10, 11, 12, 13, 14, 15, and 10, the part of “cream” in the attached Form 6, 7, 8, 9, and 6 among the land of this case.

In addition, the defendant, barring special circumstances, is due to the plaintiff's possession of the land of this case.