A. Defendant B is one of the marks indicated in the attached sheet No. 4, 5, 6, 7, 8, 9, 10, and 4 among the 103 square meters in Seosan-si D, Seosan-si.

A. On June 11, 2003, the Plaintiff purchased D & D 103 square meters (hereinafter “instant land”) in Seosan-si, Seosan-si, and completed the registration of ownership transfer in its name.

B. Around 1962, a cement block structure, asbestos slate roof structure, and a single-story building (hereinafter “instant building”) was located on the ground, including E, etc. Around 1162, part of the instant building is located on the part of “A” in line with each point of the attached Table 4, 5, 6, 7, 8, 9, 10, 10, and 4 among the instant land. The part of the instant building is located on the part of “A” (hereinafter “site for dispute”), which connects each point of the attached Table 4, 5, 6, 7, 8, 9, 10, and 18 square meters in line, and the part of the building located on the land of “A” on the 1

C. At present, Defendant B currently owned the instant building, and Defendant B leased it to Defendant C.

Defendant C planted seedlings (hereinafter referred to as “ trees”) on the ship’s 3 square meters of “A” portion (hereinafter referred to as “A”), which connects each point of the attached Table 1, 2, 3, 4, 10, 10, and 1 among the land in this case, in sequence.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 3, 4 (including branch numbers, if any; hereinafter the same shall apply), Eul's evidence No. 4, appraiser F's appraisal result, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, Defendant B occupied the site of the dispute by owning the building of the dispute to the site of the dispute without any title. Defendant C occupied the building of the dispute without any specific title by planting trees to the tree planting site by occupying the building of the dispute to the tree planting site without any specific title, thereby hindering the Plaintiff’s exercise of ownership as to the land of the dispute and the tree planting site owned by the Plaintiff.

Therefore, Defendant B is obligated to remove the building in dispute and deliver the site in dispute to the Plaintiff, and Defendant C is obligated to leave the building in dispute and collect trees and deliver the site in dispute.

3. Determination on Defendant B’s assertion