A. Defendant B Village Association shall set up 1 jumora 231m2 prior to Seosan City, Seosan-si, Simora sapap assessment center.

A. On May 4, 1965, E completed the registration of ownership transfer with respect to 231 square meters (hereinafter “instant land”). The Plaintiff and F completed the registration of ownership transfer with respect to each of the instant land out of the instant land on April 20, 198.

B. On June 19, 1974, Defendant B Village Association (hereinafter “Defendant B Village Association”) completed the registration of preservation of ownership as to the land of this case as to the 1 unit 20 square meters of the 1st evaluation center for the land of this case (hereinafter “instant building”).

(The defendant Village Association completed the registration of preservation of ownership of the building of this case in the name of "B Saemaul Association", but there is no organization "B Saemaul Association". (C)

The Defendant Village Association shall purchase from G on July 1, 1997 the area of H 389 square meters of forests and fields in Seosan-si, Seosan-si, and the same year.

9.12. Completion of the registration of ownership transfer.

On July 30, 1998, the Defendant Village Association commenced the new construction work of the community hall on the above land, and obtained approval for use on March 26, 199.

On December 30, 1999, the Defendant Village Association leased the instant building to Defendant C, and currently Defendant C occupies the instant building.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers in case of additional number), Eul evidence Nos. 1, Eul evidence Nos. 4 and Eul evidence Nos. 5

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Defendant Village Association built the instant building on its ground with the consent of use from E, the former owner of the instant land, and thus, did not possess the instant land as its owner’s intention.

Therefore, Defendant Village Association, a co-owner of the instant land, has the duty to remove the instant building and deliver its site to the Plaintiff, and Defendant C, a possessor of the instant building, is obligated to withdraw from the instant building.

B. The summary of the Defendants’ assertion was the donation of the instant land from E, and the Defendant Village Association newly constructed the instant building on that ground.

Therefore, the defendant village association owned the building of this case.