A. Defendant B shall have 57 square meters of a single-story house with a block structure of 1150 square meters above 1150 square meters in Gyeonggi-do E-gun.

A. On July 24, 2003, the registration of transfer of ownership was completed due to inheritance due to an agreement division under the Plaintiff’s name on July 24, 2003, with respect to the Gyeonggi-si E, Gyeonggi-do, which was owned by the Plaintiff’s husband, and the Flue-gun, Gyeonggi-do, G (hereinafter “E land”) and the F.671 square meters (hereinafter “F land”).

B. Defendant B completed registration of preservation of ownership on October 26, 1998 with respect to a block structure, splate roof, one-story house, and 57 square meters on the ground of land E.

The above building was newly constructed by Defendant B for residential purpose in around 1975, and Defendant B entered into a lease agreement with G for the purpose of owning the above building without an agreement on the period of time as to land E, the rent of which is a white fluora, for the purpose of owning the building.

C. Defendant C and D are leakages and lots of G, and Defendant D newly built one-story house of 60 square meters on the ground of the above land in around 1996 with the consent of the use of F land from net G, and around 1996.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence 1-1-3, Eul evidence 3-1-2, Eul evidence 4-2, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. Since the fact that the Plaintiff’s judgment on the cause of claim sought the removal of the building and delivery of the land E to Defendant B, and the copy of the complaint of this case, stating the purport of cancelling the lease agreement, was clearly recorded on April 29, 2016, it shall be deemed that the lease contract between the Plaintiff and the Defendant B was lawfully terminated on October 29, 2016, when six months have elapsed thereafter.

(See Article 635 of the Civil Act). Therefore, Defendant B has a duty to remove 57 square meters of land E-ground block structure, splate roof, and deliver the said land to the Plaintiff, except in extenuating circumstances.

B. The defendant's assertion shall be paid compensation for the expenses incurred in constructing the above building on another site by the plaintiff.