1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 25, 2016, the Plaintiff awarded a contract for multi-household housing construction to C Co., Ltd. (hereinafter “C”) at Yangju-si owned by the Plaintiff, and C subcontracted the said construction to the Defendant.

B. While performing the above construction, the Defendant kept two containers and building materials on the ground of each land listed in the separate sheet owned by the Plaintiff (hereinafter “instant land”). At present, there are two containers and building materials of the Defendant on the ground of the instant land.

C. On March 12, 2019, the Plaintiff sold the instant land, etc. to Nonparty E and F, and completed the registration of ownership transfer of the instant land to the same person on the same day.

[Ground of Recognition] Facts without dispute, entries and images of Gap evidence 1, 2, and 6 (including each number), significant facts in this court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff, without any title, asserts that the Defendant kept 2 containers and building materials on the ground of the instant land owned by the Plaintiff and possessed the instant land on the land without any title, thereby seeking the Defendant to remove 2 containers and building materials and transfer the instant land.

As recognized earlier, the Plaintiff is not the owner of the instant land by transferring the ownership of the instant land to E and F on March 12, 2019, and as such, the Plaintiff is not the owner of the instant land. This part of the claim is without merit.

B. The Plaintiff, without any title, did not use and benefit from the instant land by keeping two containers and building materials on the instant land on the ground without any title, and occupied the instant land. Accordingly, the Plaintiff was forced to sell the instant land to EF because it was impossible for the Plaintiff to fully repay the loans to G association, a mortgagee of the instant land. The Plaintiff asserted that the Defendant had no choice but to sell the instant land to EF. The damage equivalent to the interest on the loans to G association is 2.