A. The instant land is the land owned by the Plaintiff and four persons, including the Plaintiff and the Defendant, are the land owned by the Plaintiff and the neighboring resident of which is 3646 square meters (hereinafter “D land”).

B. The Defendant, among the instant land and D land, newly constructed and used a building consisting of containers, places of work, low temperature storage and housing (hereinafter “instant building”) on the ground level connected in order to each point of the attached drawings Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 17, on the ground level. Of these, the instant land building is located on the ground level of the instant land.

C. Meanwhile, the Defendant occupied the instant vinyl, which is the Plaintiff’s possession, as a warehouse that keeps farming materials and fertilizers, etc., and occupies and uses the entire land of the instant case, such as melting spawn in other parts of the instant land.

[Ground of recognition] Unsatisfy, Gap evidence 1, 4, 8, 9, Eul evidence 18, 23 (including branches number; hereinafter the same shall apply) or images, Gap evidence 1, 4, 8, 9

2. The parties' assertion

A. As the Plaintiff occupied the entire land of this case by constructing the instant building on the instant land, etc. without the Plaintiff’s consent, and occupied the instant vinyl, which is the Plaintiff’s possession, the Plaintiff is obligated to transfer the instant land and the instant vinyl (hereinafter “instant land, etc.”) to the Plaintiff and remove the parts located on the instant land among the instant buildings (land buildings).

Even if the instant land, etc. were leased, the loan was established.

Even if there was a considerable period of use and profit-making, and the plaintiff terminated the loan agreement, the defendant is obligated to respond to the plaintiff's claim.

B. As to the instant land between the Plaintiff and the Defendant, etc.