A. The Plaintiff is the owner who completed the registration of ownership transfer based on the purchase and sale as of November 3, 1970, the Daegu District Court No. 7747, which received on November 3, 1970, with respect to the Gu-si CJ 65 square meters (hereinafter “instant land”).

B. The Defendant is the owner who completed the registration of transfer of ownership on the ground of sale as of October 8, 1970, the Daegu District Court No. 6251, which received on October 8, 1970, as the receipt of No. 6251, as of the Daegu District Court’s non-registration of the adjacent land, as to the 182 square meters (the E large 41 square meters was merged around November 6, 2014; hereinafter “instant adjacent land”).

C. On December 5, 1978, the Defendant constructed mentmen, brick and coagum 28 square meters on the land adjacent to the instant building (hereinafter “instant building”). On January 26, 1979, the Defendant completed the registration of ownership preservation on the land of 28 square meters and 39 square meters in the ship (hereinafter “b) connected with each of the parts indicated in the Map No. 6, 2, 3, 7, and 6 in sequence among the instant land.

[Ground of Recognition] A without dispute, entry of Gap evidence Nos. 1 through 4, the result of the commission of appraisal by the chief of the Korea Land Information Corporation to the chief of the branch office of the Korea Land Information Corporation

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant, as the owner of the building in this case, occupies and uses the part of (b) of the land in this case owned by the plaintiff, barring special circumstances, is obligated to remove the building in this case and deliver the land in this part to the plaintiff, barring special circumstances.

B. The defendant's father F purchased the adjoining land of this case from G on April 18, 1946 at the time of purchase of the adjoining land of this case, and constructed the grassland on that ground. Since the defendant purchased the existing grassland around December 5, 1978 and newly constructed the building of this case, the F began possession on April 18, 1946, or from December 5, 1978, the defendant constructed the building of this case.