A. On April 1989, the registration of ownership transfer was completed in the Plaintiff’s future with respect to the land listed in paragraph (1) of the attached list (hereinafter “instant land”), and the registration of ownership transfer was completed in the Defendant’s future around May 2009 with respect to the building listed in paragraph (2) of the attached list (hereinafter “instant building”).

B. Part of the instant building is located above 63 square meters in the part (A) connected in sequence of each point of 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 13, and 20 square meters in the attached drawing among the instant land (hereinafter “instant land”).

【Ground for recognition】 The fact that there is no dispute, Gap evidence 1-2, Gap evidence 2-1, the result of the appraisal commission to the Korea Land Information Corporation, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since part of the building of this case owned by the defendant on the land of this case owned by the plaintiff, the defendant is obligated to remove the building of this case on the above (A) land and deliver the land of this case to the plaintiff, unless the defendant proves that he/she has a legitimate right to possess and use the above (A) land.

3. Thus, the plaintiff's claim of this case is justified and it is so decided as per Disposition with the assent of all participating Justices.