건물등철거
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The gist of the Plaintiff’s assertion is the cause of the instant claim, and the Defendant owned and used the instant land without permission, as it occupied and used each of the buildings listed in the separate sheet on the land of the C & 227 square meters (hereinafter “instant land”) in Ansan-si, the Plaintiff owned by the Plaintiff. Therefore, based on the ownership of the instant land, the Plaintiff seeks removal of each of the instant buildings and delivery of the instant land against the Defendant.
2. The judgment below is based on the facts that the removal of a building constitutes a final disposition of ownership, and thus, the owner has the right to remove and dispose of the building only in principle (see, e.g., Supreme Court Decision 2002Da61521, Jan. 24, 2003). Since there is no evidence to acknowledge that the defendant is the owner of each building above, the plaintiff's assertion is without merit.
3. In conclusion, the plaintiff's claim of this case is without merit, and it is so decided as per Disposition.