가. 원고는 강원 철원군 D 대 1,174㎡(이하 ‘이 사건 토지’라 한다)의 소유자이고, E은 이 사건 토지 중 별지 도면 표시 1, 2, 5, 6, 1의 각 점을 차례로 연결한 선내 ㈎부분 지상 흙벽돌조 스레트 지붕 주택 47.43㎡ 및 같은 도면 표시 3, 4, 6, 5, 3의 각 점을 차례로 연결한 선내 ㈏부분 조립식 건물 15㎡(이하 ‘이 사건 각 건물’이라 한다)의 소유자이다.

B. The conciliation was concluded on June 19, 2014 that “E shall remove each of the instant buildings and deliver each of the instant sites to the Plaintiff,” which was filed by the Plaintiff against E, in the Gi Government District Court 2014Kadan8714 and in India case of removal of buildings and delivery of land.”

C. At present, the Defendants occupy each of the instant buildings.

[Reasons for Recognition]

A. The plaintiff and the defendant B: The non-contentious facts, Gap evidence 1-1, 2, and Gap evidence 2, and the purport of the whole pleadings

B. Plaintiff and Defendant C: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. Even in cases where the owner of land is entitled to request the owner of the building to remove the building or 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 of the building on the ground unless such building is removed.

Therefore, the land ownership is deemed to have been interfered with the smooth realization of the land by the above possession. Therefore, the land owner can request the removal of the building owner from the building as an exclusion of interference based on his own ownership.

(2) In light of the aforementioned facts and legal principles, the Defendants, the possessor of each of the instant buildings, as the instant owners of the instant land, have the title to remove each of the instant buildings. In light of the aforementioned facts and legal principles, the Defendants, the possessor of each of the instant buildings, are the Defendants.