A. The Plaintiff is a party’s status and ownership and possession relationship 1) The Plaintiff is a 572m2m2 (hereinafter “instant land”) in Gangnam-gun, Gangwon-do.

(2) E and six other persons (hereinafter “E, etc.”) are owners of the building located in Gangnam-gun, Gangnam-do, Seoul Special Metropolitan City and its ground (hereinafter “instant building”) adjacent to the instant land.

3) The instant building is constructed on the part (c) of 30 square meters in the ship connecting each point of 17, 18, 19, 20, 21, 22, 22, 23, 24, 25, 26, 27, 28, 29, 30, and 17, which is part of the instant land, with the permission of G and H. The Defendants are occupying the instant building with the permission of G and H.

B. 1) The Plaintiff filed a lawsuit against E, etc., who is the owner of the instant building, to remove the part of the instant building located on the instant land, and to transfer the part of the instant building used for the instant building among the instant land (Seoul District Court Decision 2019No. 5001), and to win a favorable judgment on December 11, 2019. 2) The Defendant E, etc., which was the Defendant of the instant case, appealed against the said judgment.

(Ground for recognition) The facts of absence of dispute, Gap Nos. 1, 2, 4 and 5 (including each number, hereinafter the same shall apply), the purport of the whole pleadings and arguments.

2. Even in cases where the owner of land is entitled to demand the owner of the building to remove the building and deliver its site because the building has no right to use land for the existence thereof, if a person other than the owner of the building occupies the building, the owner of land shall not implement the removal, etc. of the building unless such building is removed.

Therefore, the land ownership is deemed to be hindered from the original realization by the above possession. Therefore, the land owner is excluded from the building owner's interference based on his own ownership.