2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. On the ground of the Gangnam-gu Seoul Special Metropolitan City HJ large 138 square meters (hereinafter “instant land”), which was originally owned by Codefendant B of the first instance trial (hereinafter “B”), a provisional building listed in the attached Table (hereinafter “instant building”). Unlike the instant building, on the ground of the instant land, the registration of building preservation was completed on February 9, 1989 with respect to a wooden flag and roof house 33.06 square meters (hereinafter “registered building”), and on November 17, 2009, B completed joint establishment of a mortgage on the instant land and a registered building with respect to a new mutual savings bank (hereinafter “new mutual savings bank”).

B. The Korea Asset Management Corporation, which acquired a loan claim from a new mutual savings bank, applied for a voluntary auction on the instant land and a registered building to Seoul Central District Court I. On February 25, 2013, the voluntary auction on a registered building was cancelled, and the registered building was excluded from auction.

C. In the above auction procedure, the Plaintiff was 2013

8.6. Acquisition of ownership of the instant land.

The Defendant occupies the part 19 square meters of the “1” portion of the building in the instant case, which connects each point of the attached drawings Nos. 5, 6, 25, 24, 23, 29, 30, 30, and 5, among the buildings in this case, the “1” portion of the “1” portion of the “1st floor of the mentmenagdong roof and the “19st square meters of the area occupied” (hereinafter “the area occupied in this case”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including provisional number), the purport of the whole pleadings

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 based on the above possession.