건물철거 및 토지인도
1. Of the land size 1,299 m22, 23, 24, 25, 26, 27, 28, 24, 15, and 22 of the annexed drawings in the case of Kim Jong-si, the Defendant respectively.
The land indicated in the order (hereinafter “instant land”) is the Plaintiff’s ownership, and the Defendant, the owner of one parcel, and 337 square meters adjacent thereto (hereinafter “instant adjacent land”) and 1 square meters of a house of 69.03 square meters above the ground of each of the instant land (hereinafter “instant housing”) around 1993, as the Defendant newly constructed and owned the same on the ground of the instant land, which was located on the land of the instant land, and occupied, used, and used as the site of the instant housing by breaking the part indicated in the order of the instant land (hereinafter “instant land”). The fact that the land was occupied, used as the site of the instant housing, is not disputed between the parties, or is not in dispute between Party A and 4 (including each number), and the overall purport of the oral argument as a result of the commission of survey and appraisal on the land of the Korea Land Information Corporation.
According to the above facts, the defendant has a duty to remove the house on the ground of this case and deliver the above part of the land to the plaintiff, unless there are special circumstances such as the right to possess the land.
The defendant, around May 2005, declared that part of the adjoining land of this case between the plaintiff and the plaintiff is the access road to the house owned by the plaintiff on the ground of this case, and the defendant agreed to occupy and use part of the land of this case as the wall site for the house of this case. However, since then, the plaintiff did not use part of the adjoining land of this case as the access road, the defendant also removed the wall and did not occupy part of the land of this case.
The facts that the Defendant still occupies the part of the instant land as the site of the instant house are as seen earlier, and the remainder of the Defendant’s assertion are acknowledged, even if that is, the Plaintiff’s possession and use of part of the instant adjacent land as the access road to the Plaintiff’s house, the Defendant will occupy and use part of the instant land as the site of the instant house.