The Plaintiff is an owner of 11,273 square meters in Seo-gu, Busan (hereinafter referred to as “instant land”) in Seo-gu.

Of the instant land, the Defendant shall purchase 13 square meters in sequence of the attached table Nos. 13, 14, 21, 15, 16, and 13 of the appraisal map on the ground of the instant case, which connects each point of the 40 square meters of a unit of block structure, 14, 17, 5, 6, 19, 20, 21, 21, and 14 of the same map, and each point of the 13 square meters of a wooden stack building, 13 square meters in the same map, 6, 7, 18, 19, and 6 of the same map, 13 square meters in the same section of the instant land, which connect each point of which is 7, 8, 9, 222, 18, and 7, 1000 square meters in order, 160 square meters in each of the instant land, 160 square meters in each of the instant land, 26.

Among the parts of the building of this case, the building of this case was not permitted, and it was not registered.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 4, and the judgment of the court below as to the ground for claim based on the purport of the whole pleadings, since the defendant actually owned the part of the building of this case and actually occupied the part of the land of this case owned by the plaintiff, barring special circumstances, the defendant must remove the part of the building of this case to the plaintiff who is the owner of the land of this case and deliver the part of the land of this case.

The Defendant’s determination as to the Defendant’s assertion is to seek removal of the instant building and delivery of the instant land, even though the Plaintiff only purchased the instant land and did not purchase the instant building part.